Allahabad High Court
RAM VILAS MAURYAversusRAJ KUMAR MAURYA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the subordinate civil judge to decide the pending Section 6-C temporary injunction application within one month, without adjudicating the merits of the writ petition.
Summary
The petitioner, Ram Vilas Maurya, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Mirzapur to decide a Section 6-C temporary injunction application pending in Original Suit No. 02 of 2024. The High Court examined whether it could intervene and issue such a direction without hearing the private respondents. Finding that the petition offered no substantive dispute of fact and that further hearing would be futile, the Court disposed of the petition at the admission stage. It directed the lower court to decide the pending injunction application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The Court expressly clarified that it had not adjudicated the merits of the underlying dispute. Consequently, the writ petition was dismissed without a merits decision. The order was signed by Justice Rohit Ranjan Agarwal on September 18, 2026.
Issues considered
- The High Court's jurisdiction under Article 227 to direct a subordinate court to decide a pending application.
- Whether a writ petition can be disposed at the admission stage without notice to private respondents.
- The propriety of ordering a time‑bound decision on a temporary injunction application pending in the original suit.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure Code
- jurisdiction
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13001 of 2026
Ram Vilas Maurya
.....Petitioner(s)
Versus
Raj Kumar Maurya
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Chandra Pandey
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 (Senior Division), Mirzapur to decide 6-C application filed in Original
Suit No. 02 of 2024.
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 Original Suit No. 02 of 2024, 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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