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Allahabad High Court

AHILKARversusEXECUTIVE ENGINEER PUBLIC WORK DEPARTMENT PWD PRANTIYA KHAND JAINARAYAN VERMA ROAD FATEHGARH AND AN

Decided

Holding

The High Court may issue a direction to the lower court to decide a pending injunction application within a reasonable time, without deciding the merits of the case.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Fatehgarh to decide a pending temporary injunction application (8‑C2) in Suit No. 278 of 2026. The petitioner argued that the injunction application had been pending for an unreasonable period. The Court, noting that the matter was pending without any 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 Civil Judge to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties, and clarified that it had not adjudicated the merits. Consequently, the writ petition was disposed of with the said direction.

Issues considered

  • What is the appropriate exercise of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to decide a pending temporary injunction application within a specified time?

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • civil suit
  • judicial supervision
  • procedural direction
  • High Court jurisdiction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 12674 of 2026

                                    Ahilkar
                                                                                                   .....Petitioner(s)
                                                                        Versus


                                    Executive Engineer Public Work Department Pwd
                                    Prantiya Khand Jainarayan Verma Road Fatehgarh
                                    And Another                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                            :     Raghvendra
                                    Counsel for Respondent(s)                            :     C.S.C.

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

                                    1. This writ petition has been filed seeking direction upon Civil Judge
                                    (Junior Division), City, Fatehgarh, District-Farrukhabad to decide the
                                    temporary injunction application 8-C2 filed in Suit No. 278 of 2026 within a
                                    time frame fixed by this Court.

                                    2. It is contended by learned counsel for the petitioner that 8-C2 application
                                    filed by petitioner in Civil Suit No. 278 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), City, Fatehgarh, District-Farrukhabad to
                                    decide the temporary injunction application (8-C2) filed in Suit No. 278 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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