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Allahabad High Court

SUDHIR SHAHversusANUJ MISHRA AND 3 OTHERS

Decided

Holding

The writ petition is disposed of without adjudicating merits, with a direction to the lower court to decide the pending Order 39 Rule 2A application within two months.

Summary

The plaintiff obtained a temporary injunction in a suit, which the defendants allegedly violated. The plaintiff filed an application under Order 39 Rule 2A of the CPC seeking enforcement, which remains pending. A writ petition was filed seeking expeditious disposal of that application. The High Court, finding no merit to be decided in the writ petition, 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 pending Order 39 Rule 2A application within two months of the certified copy of this order. It was expressly stated that the matter was not adjudicated on its merits.

Issues considered

  • Whether the writ petition seeking expeditious disposal of a pending Order 39 Rule 2A application should be entertained on merits
  • Whether the High Court can dispose of the writ petition at the admission stage and direct the lower court to decide the pending application

Legislation cited

Subjects

  • temporary injunction
  • contempt of injunction
  • Order 39 Rule 2A
  • expeditious disposal
  • writ petition
  • Civil Procedure Code

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13009 of 2026

                                    Sudhir Shah
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Anuj Mishra And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Akhilesh Kumar Shukla
                                    Counsel for Respondent(s)                 :

                                    Court No. - 9
                                                     HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This is a plaintiff's petition. In the suit filed by the plaintiff, an
                                    application for grant of temporary injunction was moved, which was
                                    allowed by the trial court. According to the petitioner's counsel, the
                                    defendants has violated the order of temporary injunction which has led to
                                    the filing of an application under Order 39 Rule 2A CPC, which is
                                    pending consideration. The sole prayer made is for expeditious disposal
                                    of the said application.

                                    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 Civil Misc. Case No. 10 of 2025 filed
                                    under Order 39 Rule 2A CPC, in accordance with law, after hearing all
                                    affected parties, preferably within a period of two months 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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