Allahabad High Court
MAHENDRA SINGHversusHAKIM SINGH AND 2 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 reaching the merits.
Summary
Mahendra Singh filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), District Mathura, to decide a pending temporary injunction application (6‑C) in Suit No. 1028 of 2023 within a fixed time. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, finding no useful purpose in further delay, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or notice to private respondents. It directed the lower court to decide the injunction application in accordance with law, preferably within one month of receiving a certified copy of the order. The court clarified that it had not adjudicated the merits of the underlying dispute.
Issues considered
- What authority does the High Court have under Article 227 to direct a subordinate civil judge to decide a pending injunction application within a specified time?
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit No. 1028 of 2023
- direction to lower court
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12649 of 2026
Mahendra Singh
.....Petitioner(s)
Versus
Hakim Singh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Somveer
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), District-Mathura to decide the temporary injunction
application 6-C filed in Suit No. 1028 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. 1028 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), District-Mathura to decide the temporary
injunction application (6-C) filed in Suit No. 1028 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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