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Allahabad High Court

ASHOK KUMARversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The High Court directed the Civil Judge (Junior Division), Iglas, to decide the pending temporary injunction application within one month, without deciding the merits of the petition.

Summary

The petitioner, Ashok Kumar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) at Iglas, Aligarh, to decide a pending temporary injunction application (6‑C2) in Suit No. 63 of 2023 within a fixed time. The petitioner argued that the injunction application had remained undecided for an unreasonable period, causing prejudice. The High Court, after noting the pendency and the lack of any substantive hearing, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or notice to private respondents. The Court directed the lower court to decide the injunction application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The direction was issued without adjudicating the merits of the underlying suit, and the writ petition was consequently disposed.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application within a specified time frame.

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • civil procedure
  • direction to lower court
  • admission stage disposal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13216 of 2026

                                    Ashok Kumar
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 5 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Priti Verma, Siya Ram Verma
                                    Counsel for Respondent(s)           :   C.S.C., Krishna Kant Singh

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking direction upon the Civil Judge
                                    (Junior Division), Iglas, Aligarh to decide the temporary injunction
                                    application (6-C2) filed in Suit No. 63 of 2023 within a time frame fixed
                                    by this Court.

                                    2. It is contended by learned counsel for the petitioner that 6-C2
                                    application filed in Original Suit No. 63 of 2023 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), Iglas, Aligarh to decide
                                    the temporary injunction application (6-C2) filed in Suit No. 63 of 2023,
                                    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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