Allahabad High Court
GOMTI DEVIversusABIDA BEGUM AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the temporary injunction application within a month, without adjudicating the merits of the petition.
Summary
The petitioner, Gomti Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Kaushambi, to decide a pending temporary injunction application (Paper No. 6‑C) in Suit No. 44 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, after admitting the petition, declined to call for a counter‑affidavit or issue notice to the private respondents, noting that no merit of the underlying dispute needed to be decided. Instead, the Court directed the civil judge to consider the objection filed under Order XXXIX Rule 4 of the CPC and to decide the injunction application within one month of receiving the certified copy of the order. The writ petition was disposed of without any substantive adjudication on the merits.
Issues considered
- Whether a High Court can issue a direction under Article 227 for a lower civil court to decide a pending temporary injunction application.
- Whether the direction can be given without hearing the private respondents or taking a counter‑affidavit.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 4
- Constitution of India — s. Article 227
Subjects
- Article 227
- temporary injunction
- Civil Procedure Code
- Order XXXIX Rule 4
- writ petition
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13355 of 2026
Gomti Devi
.....Petitioner(s)
Versus
Abida Begum And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Archit Mehrotra
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition and has been filed seeking direction upon Civil
Judge (Senior Division), Kaushambi to decide the temporary injunction
application 6-C filed in Suit No. 44 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. 44 of 2026 by plaintiffs-respondents 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), Kaushambi to decide the temporary
injunction application being Paper No. 6-C filed in Suit No. 44 of 2026,
considering the objection filed by defendant-petitioner under Order XXXIX
Rule 4 CPC being Paper No. 15-C, 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.
September 24, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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