Allahabad High Court
VIPIN MITTALversusAJAY VERMA AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the pending temporary injunction application within one month and disposed of the writ petition without reaching the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Auraiya to decide a pending temporary injunction application (23-C) in Suit No. 109 of 2026 within a fixed time. The petitioner argued that the injunction application had been pending without decision, causing no useful purpose to its continuation. The Court, without calling for a counter‑affidavit or issuing notice to private respondents, directed the lower court to decide the injunction application in accordance with law after hearing all affected parties, preferably within one month of the certified copy of the order. The writ petition was disposed of at the admission stage, and the Court clarified that it had not adjudicated the merits of the underlying suit. Consequently, the lower court must now determine the injunction application within the stipulated period.
Issues considered
- Whether a High Court can, under Article 227, issue a direction to a subordinate court to decide a pending temporary injunction application within a specified time frame
- Whether such a direction can be granted without hearing the respondents or issuing a notice to private respondents
Subjects
- Article 227
- temporary injunction
- civil procedure
- writ petition
- direction to lower court
- pending application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13337 of 2026
Vipin Mittal
.....Petitioner(s)
Versus
Ajay Verma And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari, Rohit Kumar
Chaturvedi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Senior Division), District-Auraiya to decide the temporary injunction
application 23-C filed in Suit No. 109 of 2026 within a time frame fixed by
this Court.
2. It is contended by learned counsel for the petitioner that 23-C application
filed in Civil Suit No. 109 of 2026 is pending consideration and till date the
same has not been decided by the court concerned.
3. 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 Civil Judge (Senior Division), District-Auraiya to decide the temporary
injunction application (23-C) filed in Suit No. 109 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.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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