Allahabad High Court
RAJ KUMAR AGRAHARI AND 3 OTHERSversusSMT. SANGEETA KESHARWANI AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Additional Civil Judge to decide the pending temporary injunction application within one month, without deciding the merits of the suit.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No. 7, Prayagraj, to decide a pending temporary injunction application (6-C) in Civil Suit No. 5 of 2004. The petitioners argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that the matter was pending without any useful purpose, disposed of the writ petition at the admission stage, without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties, and clarified that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can, under Article 227, issue a mandatory time‑bound direction to a subordinate civil court to decide a pending temporary injunction application.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit No. 5 of 2004
- direction to lower court
- procedural order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12419 of 2026
Raj Kumar Agrahari And 3 Others
.....Petitioner(s)
Versus
Smt. Sangeeta Kesharwani And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Agrahari, Brijesh Kumar
Mishra
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Additional Civil
Judge (Junior Division), Court No. 7, Prayagraj to decide the temporary
injunction application 6-C filed in Suit No. 5 of 2004 within a time frame
fixed by this Court.
2. It is contended by learned counsel for the petitioner that 6-C application
filed in Civil Suit No. 5 of 2004 is pending consideration and till date the
same has not been decided by the court concerned.
3. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon Additional Civil Judge (Junior Division), Court No. 7, Prayagraj to
decide the temporary injunction application (6-C) filed in Suit No. 5 of 2004,
in accordance with law, after hearing all affected parties, preferably within a
period of one month from the date of production of certified copy of this
order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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