Allahabad High Court
VINEET KUMAR BAJPAIversusAMIT KUMAR BAJPAI AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court may issue a procedural direction to a lower court to decide a pending injunction application within a stipulated period without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Allahabad, to decide a pending temporary injunction application (Form 6‑C) in Suit No. 1009 of 2023. The petitioner argued that the injunction application had been pending without decision, causing unnecessary delay. The Court, noting that no merit issue needed adjudication, disposed of the petition at the admission stage and 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. No counter‑affidavit or notice to private respondents was required. The Court clarified that it had not decided the substantive merits of the underlying suit.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to decide a pending temporary injunction application within a specified time frame without hearing the parties on merits.
Subjects
- temporary injunction
- civil procedure
- Article 227
- writ petition
- direction to lower court
- delay
- injunction application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12668 of 2026
Vineet Kumar Bajpai
.....Petitioner(s)
Versus
Amit Kumar Bajpai And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vaibhav Goswami
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), Allahabad to decide the temporary injunction application
6-C filed in Suit No. 1009 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. 1009 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), Allahabad to decide the temporary
injunction application (6-C) filed in Suit No. 1009 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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