Allahabad High Court
VIPIN MITTALversusHARIOM PORWAL AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Senior Division), Auraiya to decide the pending temporary injunction application within one month and disposed of the writ petition without adjudicating the merits.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Auraiya, to decide a pending temporary injunction application (6‑C) in Suit No. 168 of 2026. The petitioners 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 petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the civil judge to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The writ petition was consequently disposed, with the Court expressly stating that it had not adjudicated the merits of the underlying suit.
Issues considered
- What procedural direction, if any, can a High Court issue under Article 227 to compel a lower court to decide a pending temporary injunction application within a specified time?
Subjects
- Article 227
- temporary injunction
- civil procedure
- writ petition
- direction to lower court
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13234 of 2026
Vipin Mittal
.....Petitioner(s)
Versus
Hariom Porwal And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Rohit Kumar
Chaturvedi
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
(Senior Division), Auraiya to decide the temporary injunction application
(6-C) filed in Suit No. 168 of 2026 within a time frame fixed by this
Court.
2. It is contended by learned counsel for the petitioners that 6-C
application filed in Original Suit No. 168 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 (Senior Division), Auraiya to decide the
temporary injunction application (6-C) filed in Suit No. 168 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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