Allahabad High Court
SHAMBHU LALversusJAI PRAKASH MAURYA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the subordinate civil court to decide the pending temporary injunction application within a month, without adjudicating the merits of the writ petition.
Summary
The petitioner, Shambhu Lal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Mau, to decide a pending temporary injunction (6‑C2) application in Suit No. 2055 of 2025. The High Court, after noting that keeping the petition pending would serve no useful purpose, disposed of the writ petition 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 injunction application, if still pending, in accordance with law, after hearing all affected parties, preferably within one month of production of the certified copy of the order. The direction was issued without any adjudication on the merits of the underlying dispute. Consequently, the writ petition stands disposed, and the matter is left to the lower court for further determination.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application without hearing the parties to the writ petition.
- Whether the writ petition can be disposed of at the admission stage without issuing notice to private respondents or requiring a counter‑affidavit.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- admission stage disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13021 of 2026
Shambhu Lal
.....Petitioner(s)
Versus
Jai Prakash Maurya And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dadhi Bal Yadav
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), Mau to decide 6-C2 application filed in Suit No.
2055 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-C2,
in case, the same is pending consideration in Suit No. 2055 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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