Allahabad High Court
SHAH MUHAMMADversusDOODHNAT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil judge to decide the 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), Maharajganj, to decide a pending temporary injunction application (6‑C) in Suit No. 377 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court observed that keeping the matter pending served no useful purpose and, without calling for a counter‑affidavit or issuing notice to private respondents, directed the lower court to decide the injunction application within one month of receiving a certified copy of the order. The writ petition was disposed of at the admission stage, with the Court expressly stating that it had not adjudicated the merits of the dispute. Consequently, the lower court must hear all affected parties and render a decision in accordance with law within the stipulated time.
Issues considered
- Whether the High Court can issue a mandatory time‑bound direction to a subordinate civil court to decide a pending temporary injunction application.
- Whether a writ petition under Article 227 may be disposed of at the admission stage without hearing the respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil suit
- direction to lower court
- procedural order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13340 of 2026
Shah Muhammad
.....Petitioner(s)
Versus
Doodhnat
.....Respondent(s)
Counsel for Petitioner(s) : Piyush Patel, Pradeep Kumar
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), Maharajganj to decide the temporary injunction
application 6-C filed in Suit No. 377 of 2026 within a time frame fixed by
this Court.
2. It is contended by learned counsel for the petitioner that 6-C application
filed in Civil Suit No. 377 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), Maharajganj to decide the temporary
injunction application (6-C) filed in Suit No. 377 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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