Allahabad High Court
SARVESH KUMARversusADESH KUMAR AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil court to decide the pending temporary injunction application within one month, without deciding the merits of the case.
Summary
The petitioner, Sarvesh Kumar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Etawah to decide a pending temporary injunction application (6‑C) in Suit No. 793 of 2023. The petitioner argued that the injunction application had remained undecided for an unreasonable period, causing no useful purpose to be served by its continued pendency. The High Court, after considering the submission, ordered the lower court to decide the 6‑C application within one month of receiving a certified copy of the order, after hearing all affected parties. The Court disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It was expressly clarified that the High Court did not adjudicate the merits of the underlying suit.
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?
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- direction to lower court
- pending application
- injunction 6-C
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12631 of 2026
Sarvesh Kumar
.....Petitioner(s)
Versus
Adesh Kumar And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar
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), Etawah, District-Etawah to decide the temporary
injunction application 6-C filed in Suit No. 793 of 2023 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. 793 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), Etawah, District-Etawah to decide the
temporary injunction application (6-C) filed in Suit No. 793 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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