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Allahabad High Court

SMT RAMRATIversusVIJAY KUMAR MISHRA

Decided

Holding

The High Court directed the lower court to decide the pending temporary injunction application within a month, without adjudicating the merits of the writ petition.

Summary

Smt Ramrati filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Purvi, Prayagraj, to decide a Section 6-C temporary injunction application pending in Suit No. 2318 of 2026. The High Court, after examining the petition at the admission stage, found no merit in keeping the matter pending before it. Consequently, the Court disposed of the petition without calling for a counter‑affidavit or issuing notice to private respondents. It issued a directive to the concerned lower court to decide the pending injunction application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The Court expressly clarified that it had not adjudicated the substantive issues of the case. The petition was therefore disposed of without any merits determination.

Issues considered

  • Whether a High Court can, at the admission stage, direct a lower civil court to decide a pending Section 6-C injunction application without hearing the parties.
  • Whether disposal of a writ petition without issuing notice to respondents is procedurally permissible.

Subjects

  • Article 227
  • Writ petition
  • Temporary injunction
  • Civil Procedure Code
  • Section 6-C
  • Admission stage disposal
  • Direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13307 of 2026

                                    Smt Ramrati
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Vijay Kumar Mishra
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Anuradha, Dharmendra Kumar Yadav
                                    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), Purvi, Prayagaraj to decide 6-C application filed in
                                    Suit No. 2318 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 6-C, in
                                    case, the same is pending consideration in Suit No. 2318 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.

                                    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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