Allahabad High Court
SMT. CHETNA MISHRAversusANKUR SHUKLA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage, with a direction to the subordinate court to decide the pending injunction application within a month, without adjudicating the merits.
Summary
The petitioner, Smt. Chetna Mishra, filed a writ petition under Article 227 seeking a direction to the Additional Chief Judicial Magistrate‑4, Kanpur Nagar to decide a Section 6‑C temporary injunction application pending in Suit No. 2247 of 2024. The High Court observed that keeping the 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, however, issued a directive to the lower court to decide the pending injunction application, if still pending, within one month of producing a certified copy of the order, after hearing all affected parties. It clarified that no merits of the underlying dispute were adjudicated. Consequently, the writ petition stands disposed of.
Issues considered
- What procedural propriety governs the disposal of a writ petition at the admission stage under Article 227?
- Whether the High Court can issue a mandatory direction to a subordinate magistrate to decide a pending Section 6‑C injunction application.
Subjects
- Article 227
- writ petition
- temporary injunction
- Section 6‑C
- admission stage disposal
- direction to lower court
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13027 of 2026
Smt. Chetna Mishra
.....Petitioner(s)
Versus
Ankur Shukla And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Chandragupta, Vijai Kumar
Tripathi
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
Additional Chief Judicial Magistrate-4, Kanpur Nagar to decide 6-C
application filed in Suit No. 2247 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-C, in
case, the same is pending consideration in Suit No. 2247 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
Checking your session…