Allahabad High Court
UMESH RAI AND 3 OTHERSversusKULDEEP @ MUNNA RAI AND 9 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without adjudicating merits, and the trial court is directed to decide the 7C application with the objections within one month.
Summary
The petitioners sought an expeditious disposal of a temporary injunction (7C) application filed in Original Suit No. 468 of 2022, where an ad interim injunction had already been granted. The respondents had filed objections under Order XXXIX Rule 4 of the CPC, and the petitioners moved a writ petition under Article 227 for the court to decide the 7C application promptly. The High Court, noting that keeping the matter pending served no useful purpose, disposed of the writ petition at the admission stage without hearing the parties on merits. The Court directed the trial court to consider the objections and decide the 7C application within one month of receiving the certified copy of the order. The writ petition was therefore disposed, and the Court expressly stated that it did not adjudicate the merits of the underlying dispute.
Issues considered
- What procedural steps should be taken to dispose of the temporary injunction (7C) application and the objections filed under Order XXXIX Rule 4 CPC?
Legislation cited
Subjects
- temporary injunction
- writ petition
- Article 227
- expeditious disposal
- Civil Procedure
- Order XXXIX Rule 4
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13292 of 2026
Umesh Rai And 3 Others
.....Petitioner(s)
Versus
Kuldeep @ Munna Rai And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Chaudhary
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition. In the suit filed by plaintiffs-respondents,
an application for grant of temporary injunction 7C was moved in which
notices were issued and an ad interim injunction was granted. Defendants
have put in appearance and filed their objections, which are pending
consideration. The sole prayer made in the writ petition is for expeditious
disposal of 7-C application along with objections.
2. 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 court concerned to decide the 7-C application filed in
Original Suit No. 468 of 2022, considering the objections filed by
petitioners under Order XXXIX Rule 4 CPC, 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.
3. With the aforesaid directions, writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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