Allahabad High Court
PARIKHAN @ RAM PARIKHANversusSMT MANJU SINGH @ MANJULATA AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the civil court to decide the temporary injunction application within a month and disposed of the writ petition without adjudicating its merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Sant Kabir Nagar to decide a pending temporary injunction application (23Ga dated 21.11.2023) in Suit No. 214 of 2020. The High Court found that keeping the writ petition pending would serve no useful purpose and disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the concerned civil court to decide the injunction application, if still pending, within one month of producing a certified copy of the order, after hearing all affected parties. No merits of the underlying dispute were adjudicated. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court should issue a direction to the lower civil court to decide a pending temporary injunction application.
- Whether the writ petition can be disposed of at the admission stage without hearing the respondents.
Legislation cited
- Constitution of India — s. Article 227
Subjects
- Article 227
- temporary injunction
- writ petition
- civil procedure
- admission stage
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13024 of 2026
Parikhan @ Ram Parikhan
.....Petitioner(s)
Versus
Smt Manju Singh @ Manjulata And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surendra Pratap Singh Yadav, Surya
Prakash Dubey
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), Sant Kabir Nagar to decide temporary injunction
application 23Ga dated 21.11.2023 filed in Suit No. 214 of 2020.
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 23Ga
dated 21.11.2023, in case, the same is pending consideration in Suit No. 214
of 2020, 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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