Allahabad High Court
SHYAMKARANversusTARABUNNISHA AND 6 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court exercised its supervisory jurisdiction under Article 227 to direct the subordinate civil judge to decide the pending temporary injunction application within one month and disposed of the writ petition without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Naugarh, Siddharth Nagar, to decide a pending temporary injunction application (7‑C2) in Suit No. 313 of 2026. The petitioner argued that the injunction application had been pending for an unreasonable period and that no further purpose would be served by its continued delay. The High Court, after admitting the petition, declined to call for a counter‑affidavit or issue notice to the private respondents, noting that it would not pass upon the merits of the underlying suit. Instead, the Court directed the subordinate judge to hear all affected parties and decide the injunction application within one month of receiving a certified copy of the order. The writ petition was consequently disposed of without any substantive adjudication on the merits. The order emphasizes the Court’s supervisory jurisdiction under Article 227 to ensure timely disposal of pending matters in lower courts.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending injunction application within a specified time frame.
- Whether a writ petition can be disposed of at the admission stage without issuing notice to private respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- supervisory jurisdiction
- admission stage disposal
- direction to subordinate court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12699 of 2026
Shyamkaran
.....Petitioner(s)
Versus
Tarabunnisha And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alauddin, Fakhruddin
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), Naugarh, Siddharth Nagar to decide the temporary
injunction application 7-C2 filed in Suit No. 313 of 2026 within a time frame
fixed by this Court.
2. It is contended by learned counsel for the petitioner that 7-C2 application
filed by petitioner in Civil Suit No. 313 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), Naugarh, Siddharth Nagar to decide the
temporary injunction application (7-C2) filed in Suit No. 313 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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