Allahabad High Court
SMT. URMILA DEVIversusRAM NAIN AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the pending temporary injunction application within one month and disposed of the writ petition without reaching the merits.
Summary
The petitioner, Smt. Urmila Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Bansgaon, Gorakhpur, to decide a pending temporary injunction application (7-C) in Suit No. 226 of 2025. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that the matter was pending without any useful purpose being served, ordered the lower court to hear all affected parties and decide the injunction application within one month of receiving a certified copy of the order. The Court disposed of the writ petition at the admission stage, without calling for a counter‑affidavit or issuing notice to private respondents, and clarified that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition stands disposed with the direction to the lower court.
Issues considered
- Whether the High Court can issue a mandatory time‑bound direction to a subordinate civil court to decide a pending temporary injunction application under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- direction to lower court
- pending application
- High Court supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12682 of 2026
Smt. Urmila Devi
.....Petitioner(s)
Versus
Ram Nain And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar, Sonakshi Kashyap
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), Bansgaon, Gorakhpur to decide the temporary injunction
application 7-C filed in Suit No. 226 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. 226 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 (Junior Division), Bansgaon, Gorakhpur to decide the
temporary injunction application (7-C) filed in Suit No. 226 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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