Allahabad High Court
RAJKUMARI GUPTA URF RAJKUMARversusPYARE DEVI AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the temporary injunction application within one month and disposed of the writ petition without adjudicating the merits.
Summary
The petitioner, Rajkumari Gupta, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Jaunpur, to decide a pending temporary injunction application (6‑C) in Suit No. 677 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that no substantive merits needed to be decided, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the Civil Judge 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 clarification that the Court did not adjudicate the merits of the underlying suit.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a mandatory time‑bound direction to a subordinate civil court to decide a pending injunction application.
- Whether a writ petition seeking such a direction can be disposed of at the admission stage without notice to the respondents.
Subjects
- Article 227
- temporary injunction
- writ petition
- civil procedure
- court direction
- judicial supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13221 of 2026
Rajkumari Gupta Urf Rajkumar
.....Petitioner(s)
Versus
Pyare Devi And Another
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Rai
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), Jaunpur to decide the temporary injunction application
(6-C) filed in Suit No. 677 of 2026 within a time frame fixed by this
Court.
2. It is contended by learned counsel for the petitioner that 6-C
application filed in Original Suit No. 677 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), Jaunpur to decide the
temporary injunction application (6-C) filed in Suit No. 677 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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