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Allahabad High Court

RAMESH PANDEY AND ANOTHERversusCHANDRIKA ALIAS MUNNA AND 19 OTHERS

Decided

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 petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Chandauli, to decide a pending temporary injunction application (6‑C) in Suit No. 711 of 2022. The petition argued that the application had remained undecided for an unreasonable period. The 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 civil judge to decide the injunction application within one month of the certified copy of the order. The 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 writ petition stands disposed, with a specific time‑bound direction to the lower court.

Issues considered

  • Whether a writ petition under Article 227 can be entertained to compel a lower court to decide a pending temporary injunction application within a specified time‑frame
  • Whether notice to private respondents is required in such a writ petition

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • Civil Suit No. 711 of 2022
  • direction to lower court
  • pending application
  • High Court of Allahabad

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13370 of 2026

                                    Ramesh Pandey And Another
                                                                                                    .....Petitioner(s)
                                                                        Versus

                                    Chandrika Alias Munna And 19 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                        :     Prashant Pandey
                                    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), Chandauli to decide the temporary injunction application
                                    6-C filed in Suit No. 711 of 2022 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. 711 of 2022 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), Chandauli to decide the temporary
                                    injunction application (6-C) filed in Suit No. 711 of 2022, 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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