Allahabad High Court
PITRAM AND 3 OTHERSversusCHINKU
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, without adjudicating merits, and directed the lower court to decide the pending injunction application within a month.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge/Judicial Magistrate at Dumariyaganj to decide a temporary injunction application (7-C2) dated 21.05.2026 filed in Original Suit No. 202 of 2026. The High Court observed that keeping the matter pending would serve no useful purpose and therefore 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 lower court to decide the pending injunction application, if still under consideration, within one month of producing a certified copy of the order, after hearing all affected parties. It was expressly stated that the High Court had not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed, and the matter proceeds in the lower court on the injunction application.
Issues considered
- What procedural steps are required before a High Court can dispose of a writ petition at the admission stage?
- Whether the High Court can issue a direction to a lower court to decide a pending temporary injunction application under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- writ petition
- temporary injunction
- original suit
- admission stage disposal
- supervisory jurisdiction
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12999 of 2026
Pitram And 3 Others
.....Petitioner(s)
Versus
Chinku
.....Respondent(s)
Counsel for Petitioner(s) : Prakash Veer Tripathi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking a direction upon learned Civil
Judge (Junior Division)/Judicial Magistrate, Dumariyaganj, Siddharth Nagar
to decide 7-C2 application dated 21.05.2026 filed in Original Suit No. 202 of
2026.
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 court concerned to decide the temporary injunction application 7-C2
dated 21.05.2026, in case, the same is pending consideration in Original Suit
No. 202 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.
3. With the aforesaid directions, writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 18, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
Checking your session…