Allahabad High Court
SUNIL KUMAR YADAVversusDHEERAJ 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, Sunil Kumar Yadav, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Gorakhpur, to decide a pending temporary injunction application (7-C) in Suit No. 427 of 2025. The petitioner argued that the lower court had not yet ruled on the injunction, causing undue delay. The High Court, after noting that the matter was pending and that continued delay served no useful purpose, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties, and to do so in accordance with law. The Court expressly stated that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition was disposed of with the specified direction.
Issues considered
- Whether the High Court can, under Article 227, issue a mandatory time‑bound direction to a subordinate civil court to decide a pending temporary injunction application.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit
- direction to lower court
- high court jurisdiction
- pending application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12656 of 2026
Sunil Kumar Yadav
.....Petitioner(s)
Versus
Dheeraj And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vivek Chaturvedi
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
(Senior Division), Gorakhpur to decide the temporary injunction application
7-C filed in Suit No. 427 of 2025 within a time frame fixed by this Court.
2. It is contended by learned counsel for the petitioner that 7-C application
filed by petitioner in Civil Suit No. 427 of 2025 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 (Senior Division), Gorakhpur to decide the temporary
injunction application (7-C) filed in Suit No. 427 of 2025, 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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