Allahabad High Court
MEERA RAIversusSAVITA GUPTA AND ANOTHER
- 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 adjudicating the merits of the case.
Summary
The petitioner, Meera Rai, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Haveli, Azamgarh, to decide a pending temporary injunction application (6-C2) in Suit No. 2110 of 2026. The petitioner argued that the injunction application had been pending without decision, causing no useful purpose to be served by the delay. The Court, without calling for a counter‑affidavit or issuing notice to private respondents, 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. The writ petition was disposed of at the admission stage, with the Court expressly stating that it did not adjudicate the merits of the underlying suit. Consequently, the petition stands disposed, and the lower court is bound to comply with the direction.
Issues considered
- Whether a 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
- temporary injunction
- writ petition
- civil procedure
- direction to lower court
- injunction application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12658 of 2026
Meera Rai
.....Petitioner(s)
Versus
Savita Gupta And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Dubey
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), Haveli, Azamgarh to decide the temporary injunction
application 6-C2 filed in Suit No. 2110 of 2026 within a time frame fixed by
this Court.
2. It is contended by learned counsel for the petitioner that 6-C2 application
filed by petitioner in Civil Suit No. 2110 of 2026 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), Haveli, Azamgarh to decide the
temporary injunction application (6-C2) filed in Suit No. 2110 of 2026, 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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