Allahabad High Court
SUDHIR SHAHversusANUJ MISHRA AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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
- Code of Civil Procedure, 1908 — s. Order 39 Rule 2A
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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