Allahabad High Court
CHANNO DEVI AND ANOTHERversusADESH KUMAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the temporary injunction application within one month of the certified copy of the order, and disposed of the writ petition.
Summary
The petitioners 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 (Form 6‑C) in Suit No. 156 of 2023. The petitioners argued that the injunction application had remained undecided for an unreasonable period. The Court observed that keeping the matter pending served no useful purpose and, without calling for a counter‑affidavit or issuing notice to private respondents, directed the civil judge to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The petition was disposed of at the admission stage, and the Court clarified that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition stands disposed.
Issues considered
- What direction, if any, should the High Court give to the Civil Judge regarding the pending temporary injunction application in Suit No. 156 of 2023?
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12644 of 2026
Channo Devi And Another
.....Petitioner(s)
Versus
Adesh Kumar And Another
.....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. 156 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 in Civil Suit No. 156 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. 156 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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