Allahabad High Court
OM PRAKASH AND ANOTHERversusRAMA DEVI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the subordinate civil judge to decide the pending temporary injunction application within one month and disposed of the writ petition without reaching the merits.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)-11, Prayagraj, to decide a pending temporary injunction application (6‑C) in Suit No. 2178 of 2023. The petitioners argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that no substantive merits needed to be decided, disposed of the writ petition at the admission stage and issued a directive that the civil judge decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. No counter‑affidavit or notice to private respondents was entertained. The Court expressly stated that it had not adjudicated the merits of the underlying suit.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate court to decide a pending temporary injunction application within a specified time frame.
- Whether a writ petition may be disposed of at the admission stage without calling for a counter‑affidavit or hearing the respondents.
Subjects
- Article 227
- Writ petition
- Temporary injunction
- Civil Suit
- Direction to subordinate court
- Procedural order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13344 of 2026
Om Prakash And Another
.....Petitioner(s)
Versus
Rama Devi
.....Respondent(s)
Counsel for Petitioner(s) : Arshi Begum, Naghma Qadir, Quazi
Mohammad Akaram
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)-11, Prayagraj to decide the temporary injunction
application 6-C filed in Suit No. 2178 of 2023 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. 2178 of 2023 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)-11, Prayagraj to decide the temporary
injunction application (6-C) filed in Suit No. 2178 of 2023, 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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