Allahabad High Court
ASHOK KUMAR NISHADversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the pending temporary injunction application within one month and disposed of the writ petition without adjudicating the merits.
Summary
The petitioner, Ashok Kumar Nishad, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Gorakhpur to decide a pending temporary injunction application (6‑C) in Suit No. 1964 of 2024. The petitioner argued that the injunction application had been pending for an unreasonable period and that no useful purpose would be served by further delay. The High Court, after noting the pendency, chose not to call for a counter‑affidavit or issue notice to private respondents, and instead issued a direction that the lower court decide the injunction application within one month of receiving a certified copy of the order. The Court emphasized that it was not passing any judgment on the merits of the underlying suit. Consequently, the writ petition was disposed of at the admission stage, with the sole order directing timely disposal of the injunction application. The judgment makes clear that no substantive merits of the dispute were adjudicated.
Issues considered
- Whether the High Court can issue a mandatory time‑bound direction to a subordinate civil judge to decide a pending temporary injunction application.
- Whether a writ petition under Article 227 may be disposed of at the admission stage without hearing the respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- direction to lower court
- pending application
- disposal at admission stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12421 of 2026
Ashok Kumar Nishad
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Basdeo Nishad
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Junior Division), District-Gorakhpur to decide the temporary injunction
application 6-C filed in Suit No. 1964 of 2024 within a time frame fixed by
this Court.
2. It is contended by learned counsel for the petitioner that 6-C application
filed by petitioner in Civil Suit No. 1964 of 2024 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 Civil Judge (Junior Division), District-Gorakhpur to decide the
temporary injunction application (6-C) filed in Suit No. 1964 of 2024, 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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