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Allahabad High Court

RAMSURAT YADAVversusGULABARDHWAJ SINGH

Decided

Holding

The writ petition is disposed of at the admission stage without adjudicating merits, with a direction to decide the pending temporary injunction application within a month.

Summary

The petitioner, Ramsurat Yadav, filed a defendant's petition under Article 227 seeking speedy disposal of a temporary injunction application (7-C) filed in Civil Suit No. 918 of 2026. The High Court noted that the injunction application and the defendant's objections were pending consideration. To avoid unnecessary delay, the Court disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the trial court to decide the temporary injunction application and the pending objections within one month of receiving a certified copy of the order. The Court expressly stated that it did not adjudicate the merits of the underlying dispute.

Issues considered

  • Whether a writ petition under Article 227 can be disposed of at the admission stage without hearing the parties
  • Whether the High Court can direct the trial court to expedite a pending temporary injunction application

Subjects

  • temporary injunction
  • civil suit
  • writ petition
  • Article 227
  • expeditious disposal
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13299 of 2026

                                    Ramsurat Yadav
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Gulabardhwaj Singh
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Sanjay Shukla
                                    Counsel for Respondent(s)                          :

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

                                    1. This is a defendant's petition. In the suit filed by the plaintiff-
                                    respondent, an application for grant of temporary injunction 7-C was
                                    moved, in which, an ad-interim injunction has been granted. The
                                    defendant has put in appearance and filed his objections, which are
                                    pending consideration. The sole prayer made in the writ petition is for
                                    expeditious disposal of the 7-C application filed in Civil Suit No. 918 of
                                    2026.

                                    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 temporary injunction application 7-C
                                    along with the objections pending consideration in Civil Suit No. 918 of
                                    2016, 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
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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