Allahabad High Court
PARSURAMversusPUSHPENDRA AND 6 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage and directed the subordinate court to decide the pending 6‑C application within a month, without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Auraiya, to decide a pending 6‑C temporary injunction application in Original Suit No. 122 of 2026. 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 lower court to decide the 6‑C application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. It clarified that it had not adjudicated the substantive merits of the dispute. Consequently, the writ petition was disposed of with the specified direction.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending 6‑C temporary injunction application without a full hearing of the writ petition?
Subjects
- Article 227
- writ petition
- temporary injunction
- civil procedure
- direction to lower court
- disposal at admission stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13320 of 2026
Parsuram
.....Petitioner(s)
Versus
Pushpendra And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar, Satyam 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), Auraiya to decide 6-C application filed in Original
Suit No. 122 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. 122 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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