Allahabad High Court
SUBBA RAMversusRADHIKA RANI AND 11 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Junior Division), City, Varanasi to decide the pending temporary injunction application within one month, without deciding the merits of the case.
Summary
The petitioner Subba Ram filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), City, Varanasi, to decide a pending temporary injunction application (6‑C) in Suit No. 1842 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that the matter was pending without any useful purpose, disposed of the writ petition at the admission stage, without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the injunction application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The writ petition was thereby disposed, and the Court expressly stated that it had not adjudicated the merits of the underlying suit.
Issues considered
- Whether the High Court can issue a mandatory direction to a subordinate civil court to decide a pending temporary injunction application within a specified time frame under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil suit
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13362 of 2026
Subba Ram
.....Petitioner(s)
Versus
Radhika Rani And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sudarshan Singh, Vivek Singh
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
(Junior Division), City, Varanasi to decide the temporary injunction
application 6-C filed in Suit No. 1842 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. 1842 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 (Junior Division), City, Varanasi to decide the temporary
injunction application (6-C) filed in Suit No. 1842 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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