Allahabad High Court

OM PRAKASH SINGHversusSEEMA @ SIMMI AND 7 OTHERS

Decided: 22 September 2026
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 Section 6‑C application, without adjudicating the merits.

Summary

The petitioner, Om Prakash Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Kasya Kushinagar, to decide a Section 6‑C temporary injunction application pending in Case No. 801 of 2026. The High Court examined whether it should entertain the petition and issue such a direction. The Court observed that keeping the matter pending would serve no useful purpose and disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the lower court to decide the pending Section 6‑C application in accordance with law, after hearing all affected parties, preferably within one month of producing a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying dispute. Accordingly, the writ petition stands disposed.

Issues considered

Whether the High Court may direct a subordinate court to decide a pending Section 6‑C temporary injunction application without hearing the petitioners and respondents
Whether the writ petition should be entertained at the admission stage

Legislation cited

Code of Civil Procedure, 1908 — s. 6-C

Subjects

Article 227
writ petition
temporary injunction
CPC 6-C
admission stage
jurisdiction
direction to lower court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13333 of 2026

Om Prakash Singh
.....Petitioner(s)
Versus

Seema @ Simmi And 7 Others
.....Respondent(s)

Counsel for Petitioner(s) : Raghavendra Sharan Tiwari
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), Kasya Kushinagar to decide 6-C application filed in
Case No. 801 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 Case No. 801 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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