Allahabad High Court
SMT. BHAWNA GUPTA AND 2 OTHERSversusSMT. NANDINI DEV AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Civil Judge to decide the temporary injunction application within one month and disposed of the writ petition without adjudicating the merits.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Varanasi, to decide a pending temporary injunction application (6‑C) in Suit No. 792 of 2025. The petitioners argued that the injunction application had remained undecided for an unreasonable period. The Court observed that keeping the matter pending served no useful purpose and, therefore, issued a direction for 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 without calling for a counter‑affidavit or issuing notice to private respondents. The Court clarified that it had not adjudicated the merits of the underlying suit.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a lower court to decide a pending temporary injunction application within a specified time‑frame
- Whether the petition can be disposed of at the admission stage without notice to respondents
Subjects
- Article 227
- temporary injunction
- Civil Procedure Code
- writ petition
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12685 of 2026
Smt. Bhawna Gupta And 2 Others
.....Petitioner(s)
Versus
Smt. Nandini Dev And Another
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Tiwari
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
(Senior Division), Varanasi to decide the temporary injunction application 6-
C filed in Suit No. 792 of 2025 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. 792 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 (Senior Division), Varanasi to decide the temporary
injunction application (6-C) filed in Suit No. 792 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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