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Allahabad High Court

FARAKATversusRAMNATH AND ANOTHER

Decided

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 petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Gautam Buddh Nagar, to decide a pending temporary injunction application (6-C) in Suit No. 568 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The Court, noting that no merit issue needed resolution, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the Civil Judge 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 Court clarified that it had not adjudicated the substantive 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 lower court to decide a pending temporary injunction application.
  • Whether a writ petition can be disposed at the admission stage without notice to private respondents.

Subjects

  • Article 227
  • temporary injunction
  • writ petition
  • civil procedure
  • court direction
  • admission stage
  • high court jurisdiction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 13255 of 2026

                                    Farakat
                                                                                                    .....Petitioner(s)
                                                                         Versus
                                    Ramnath And Another
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)        :    Anita Kushwaha, Mithilesh Kumar Mishra
                                    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), Gautam Buddh Nagar to decide the temporary
                                    injunction application (6-C) filed in Suit No. 568 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. 568 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), Gautam Buddh Nagar to
                                    decide the temporary injunction application (6-C) filed in Suit No. 568 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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