Allahabad High Court
DEEPSHIKHA MISRA ALIAS DEEP SHIKHA MISRAversusMADHURLATA MISRA AND 7 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide the pending Section 6-C temporary injunction application within a month and disposed of the writ petition without reaching the merits.
Summary
The petitioner, Deepshikha Misra, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Gautam Budh Nagar to decide a Section 6-C temporary injunction application pending in Original Suit No. 1229 of 2024. The High Court, after noting that keeping the matter pending would serve no useful purpose, disposed of the writ 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, if still pending, within one month of the production of the certified copy of the order, after hearing all affected parties. The direction was given in accordance with law, and the Court expressly stated that it had not adjudicated the merits of the dispute. Consequently, the writ petition stands disposed.
Issues considered
- What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to decide a pending temporary injunction application?
- Whether the High Court can dispose of a writ petition at the admission stage without hearing the respondents or calling for a counter‑affidavit.
Subjects
- Article 227
- writ petition
- temporary injunction
- Section 6-C
- civil procedure
- supervisory jurisdiction
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13313 of 2026
Deepshikha Misra Alias Deep Shikha Misra
.....Petitioner(s)
Versus
Madhurlata Misra And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhil Kumar Singh, Ashutosh
Srivastava
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 (Senior Division), Gautam Budh Nagar to decide 6-C application filed
in Original Suit No. 1229 of 2024.
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. 1229 of 2024, 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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