Allahabad High Court
SANJAY KUMAR PUNDIRversusSUNNY PRATAP @ SANNI PRATAP AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage and directed the lower court to decide the 6‑C application within a month, without adjudicating the merits.
Summary
The petitioner, Sanjay Kumar Pundir, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Deoband, Saharanpur to decide a 6‑C temporary injunction application filed in Civil Suit No. 228 of 2025. The High Court, after noting that keeping the matter pending would serve no useful purpose, disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the lower court to decide the 6‑C application by the next date fixed in the matter or within one month of the certified copy of the order, after hearing all affected parties. The direction was issued in accordance with law, but the High Court expressly stated that it did not adjudicate the merits of the case. Consequently, the writ petition stands disposed.
Issues considered
- What procedural authority does the High Court have to direct a lower court to decide a pending 6‑C application without hearing the parties?
- Whether the writ petition can be disposed of at the admission stage without issuing notice to private respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- 6‑C application
- Civil Suit No. 228 of 2025
- admission stage disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13302 of 2026
Sanjay Kumar Pundir
.....Petitioner(s)
Versus
Sunny Pratap @ Sanni Pratap And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhananjay Pundir
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking a direction upon learned Civil
Judge (Junior Division), Deoband, Saharanpur to decide 6-C application
filed in Civil Suit No. 228 of 2025.
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 6-C
filed in Civil Suit No. 228 of 2025 by the next date fixed in the matter or
within a period of one month, positively, from the date of production of
certified copy of this order, in accordance with law, after hearing all affected
parties.
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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