Allahabad High Court
RAM KUMAR @ RAM KUMAR SINGH AND ANOTHERversusOM PRAKASH AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court did not decide the merits but directed the subordinate court to decide the pending 6‑C application within a month, thereby disposing the writ petition.
Summary
The petitioners, Ram Kumar and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Jaunpur, to decide a Section 6-C temporary injunction application pending in Civil Suit No. 431 of 2025. The High Court, noting that no useful purpose would be served by keeping the petition pending, disposed of it 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 6-C application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The order expressly states that the matter was not adjudicated on its merits. Consequently, the writ petition stands disposed.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application.
- Whether the writ petition should be entertained on merits or disposed at the admission stage.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit No. 431 of 2025
- jurisdiction
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13000 of 2026
Ram Kumar @ Ram Kumar Singh And Another
.....Petitioner(s)
Versus
Om Prakash And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Srivastava
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), Jaunpur to decide 6-C application filed in Civil Suit
No. 431 of 2025.
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 6-C, in
case, the same is pending consideration in Civil Suit No. 431 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.
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
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