Allahabad High Court
BHOLAversusRAVINDRA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil judge to decide the pending temporary injunction application within a month, disposing of the writ petition without reaching the merits.
Summary
Bhola filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Saidpur, Ghazipur to decide a temporary injunction application (6-C2) pending in Original Suit No. 415 of 2024. The High Court found no merit in continuing the petition and disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court, however, directed the lower court to decide the 6-C2 application, if still pending, within one month of receiving a certified copy of this order, after hearing all affected parties. The direction was issued purely for procedural expediency and not on the merits of the underlying dispute. The petition was therefore disposed without any substantive adjudication.
Issues considered
- What is the scope of the High Court's jurisdiction under Article 227 to direct a subordinate court to decide a pending injunction application?
- Whether the High Court can dispose of a writ petition at the admission stage without hearing the respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- jurisdiction
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13004 of 2026
Bhola
.....Petitioner(s)
Versus
Ravindra And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Tiwari
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), Saidpur, Ghazipur to decide 6-C2 application filed
in Original Suit No. 415 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-C2,
in case, the same is pending consideration in Original Suit No. 415 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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