Allahabad High Court
JABIR ALIversusISRAR KHAN AND 4 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 filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Prayagraj, to decide a pending temporary injunction application filed under Order XXXIX Rules 1 and 2 of the CPC in Suit No. 554 of 2023. The petitioner argued that the lower court had not yet ruled on the injunction and that further delay would serve no useful purpose. The High Court, without calling for a counter‑affidavit or issuing notice to the private respondents, disposed of the petition at the admission stage and directed the lower court to decide the injunction application within one month of receiving a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition was disposed of with the procedural direction.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application within a specified time frame.
- Whether a writ petition seeking such a direction can be disposed of at the admission stage without notice to the respondents.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1, Order XXXIX Rule 2
- Constitution of India — s. Article 227
Subjects
- Article 227
- temporary injunction
- Civil Procedure Code
- Order XXXIX
- writ petition
- direction to lower court
- High Court procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12621 of 2026
Jabir Ali
.....Petitioner(s)
Versus
Israr Khan And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishake Mishra, Shiv Shankar Shukla
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Junior Division), Prayagraj to decide the temporary injunction application
under Order XXXIX Rule 1 and 2 CPC filed in Suit No. 554 of 2023 within
a time frame fixed by this Court.
2. It is contended by learned counsel for the petitioner that application under
Order XXXIX Rule 1 and 2 CPC filed by petitioner in Civil Suit No. 554 of
2023 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), Prayagraj to decide the temporary
injunction application under Order XXXIX Rule 1 and 2 CPC filed in Suit
No. 554 of 2023, 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 14, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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