Allahabad High Court
ACHCHHE LAL YADAVversusSUDHA JAISWAL AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage, with a direction to the lower court to decide the temporary injunction application within a month, without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking the court’s direction for the speedy disposal of a temporary injunction application pending in Suit No. 706 of 2025. The sole relief sought was that the injunction application be decided within a fixed time‑frame. The High Court found that the petition did not require a full hearing and could be disposed of at the admission stage. It directed the Civil Judge (Senior Division), Jaunpur to decide the injunction application in accordance with law, after hearing all parties, preferably within one month of receiving the certified copy of the order. The writ petition was therefore disposed without any adjudication on the merits of the injunction claim.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely for the purpose of expediting a pending temporary injunction application
- Whether the High Court may dispose of such a petition at the admission stage without hearing the respondents
Subjects
- Article 227
- writ petition
- temporary injunction
- expeditious disposal
- civil procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12706 of 2026
Achchhe Lal Yadav
.....Petitioner(s)
Versus
Sudha Jaiswal And Another
.....Respondent(s)
Counsel for Petitioner(s) : Anjum Haq, Shailesh Kumar
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is the plaintiff's petition. In the suit filed by plaintiff an application
for grant of temporary injunction has been moved, which is pending
consideration. The sole prayer made in writ petition for expeditious
disposal of temporary injunction application filed in Suit No. 706 of 2025
within a time frame fixed by this Court.
2. 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), Jaunpur to decide the
temporary injunction application filed in Suit No. 706 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.
3. With the aforesaid directions, writ petition stands disposed of. It is
made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 14, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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