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Allahabad High Court

ARVIND KUMAR SINGHversusKAVITA SAHAY AND 2 OTHERS

Decided

Holding

The writ petition is disposed of at the admission stage, with a direction to the trial court to decide the 6‑C injunction application within a month, without adjudicating the merits.

Summary

Arvind Kumar Singh filed a writ petition under Article 227 seeking the speedy disposal of a temporary injunction (6-C) application filed in Original Suit No. 539 of 2026, along with his objection under Order XXXIX Rule 4 of the CPC. The trial court had granted an ad interim injunction, which the petitioner contested. The High Court, noting that keeping the writ petition pending would serve no useful purpose, disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the trial court to decide the 6‑C application, considering the petitioner’s objection, within one month after receiving a certified copy of the order. No merits of the injunction application were decided by the High Court.

Issues considered

  • Whether a writ petition under Article 227 can be entertained solely for expeditious disposal of a temporary injunction application and related objection under Order XXXIX Rule 4 CPC
  • Whether the High Court can dispose of such a writ petition at the admission stage without hearing the respondents

Legislation cited

Subjects

  • Article 227
  • temporary injunction
  • ad interim injunction
  • Order XXXIX Rule 4
  • Civil Procedure Code
  • writ petition
  • expeditious disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 12659 of 2026

                                    Arvind Kumar Singh
                                                                                                 .....Petitioner(s)
                                                                        Versus

                                    Kavita Sahay And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Pankaj Kumar Ojha
                                    Counsel for Respondent(s)                    :

                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This is defendant's petition. In the suit filed by plaintiffs-respondents,
                                    an application for grant of temporary injunction 6-C was moved in which
                                    an ad interim injunction has been granted by trial court against which the
                                    petitioner has moved his objection, which is pending consideration. The
                                    sole prayer made in the writ petition is for expeditious disposal of 6-C
                                    application along with objection.

                                    2. 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 court concerned to decide the 6-C application filed in
                                    Original Suit No. 539 of 2026, considering the objection filed by
                                    petitioner under Order XXXIX Rule 4 CPC dated 06.05.2026, 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.

                                    3. With the aforesaid directions, writ petition stands disposed of.

                                    4. 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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