Allahabad High Court
VIJAY BREWERIES LIMITED AND ANOTHERversusASHOK MITRA AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the temporary injunction application within one month and disposed the writ petition without adjudicating the merits.
Summary
The petitioners, Vijay Breweries Ltd. and another, filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Junior Division), Fatehpur, to decide a pending temporary injunction application (7-C2) in Suit No. 298 of 2026 within a fixed time. The petition argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that the matter was at the admission stage and that no counter‑affidavit or notice to private respondents was required, disposed of the writ petition without reaching the merits. The Court directed the lower court to hear all affected parties and decide the injunction application within one month of receiving a certified copy of the order. The writ petition was therefore disposed, with the direction that the lower court decide the application in accordance with law.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate court to decide a pending injunction application within a specified time frame
- Whether the writ petition should be entertained on merits or disposed at the admission stage
Legislation cited
- Constitution of India — s. Article 227
Subjects
- writ petition
- temporary injunction
- Article 227
- civil procedure
- court direction
- admission stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13196 of 2026
Vijay Breweries Limited And Another
.....Petitioner(s)
Versus
Ashok Mitra And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Krishan Tripathi, Arpit Shukla
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon the Civil Judge
(Junior Division), Fatehpur to decide the temporary injunction application
(7-C2) filed in Suit No. 298 of 2026 within a time frame fixed by this
Court.
2. It is contended by learned counsel for the petitioners that 7-C2
application filed in Original Suit No. 298 of 2026 is pending
consideration and till date same has not been decided by the court
concerned.
3. 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 Civil Judge (Junior Division), Fatehpur to decide the
temporary injunction application (7-C2) filed in Suit No. 298 of 2026, 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.
4. With the aforesaid directions, writ petition stands disposed of. It is
made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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