Allahabad High Court
ANNU KUMARversusVISHAL RANA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directs the subordinate civil court to decide the pending temporary injunction application within a month and disposes the writ petition without adjudicating its merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Muzaffarnagar, to decide a Section 6-C temporary injunction application pending in Original Suit No. 01 of 2023. The High Court, finding no merit in keeping the petition pending, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the concerned civil court to decide the temporary injunction application, if still pending, within one month of receiving a certified copy of this order, after hearing all affected parties. It clarified that it had not adjudicated the matter on its merits. Consequently, the writ petition stands disposed.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application.
- Whether the writ petition should be entertained on merits or disposed at the admission stage.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Court jurisdiction
- admission stage disposal
- Original Suit No. 01 of 2023
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13310 of 2026
Annu Kumar
.....Petitioner(s)
Versus
Vishal Rana
.....Respondent(s)
Counsel for Petitioner(s) : Jagdish Prasad Mishra
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), Muzaffarnagar to decide 6-C application filed in
Original Suit No. 01 of 2023.
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. 01 of 2023, 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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