Allahabad High Court
KHATOONversusMUZAFFAR ISLAM @ BABU AND 11 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil court to decide the Section 6-C temporary injunction application within a month, without adjudicating the merits of the writ petition.
Summary
The petitioner, Khatoon, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Thakurdwara, Moradabad, to decide a Section 6-C temporary injunction application pending in Original Suit No. 130 of 2026. The High Court, without calling for a counter‑affidavit or issuing notice to private respondents, disposed of the petition at the admission stage, directing the lower court to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The Court emphasized that it had not adjudicated the merits of the underlying dispute. Consequently, the writ petition was dismissed as disposed, and the lower court was instructed to proceed with the pending application in accordance with law.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application without a full hearing of the writ petition.
- Whether the disposition of the writ petition at the admission stage, without a counter‑affidavit or notice to private respondents, is procedurally valid.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure Code
- jurisdiction
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13308 of 2026
Khatoon
.....Petitioner(s)
Versus
Muzaffar Islam @ Babu And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Dutta Pandey
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), Thakurdwara Moradabad to decide 6-C application
filed in Original Suit No. 130 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 Original Suit No. 130 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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