Allahabad High Court
DEVENDRAPAL SINGHversusCHETAN GARG AND 6 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without adjudicating merits, with a direction to the trial court to decide the 6C application within one month after hearing the parties.
Summary
The petitioner filed a writ petition under Article 227 seeking speedy disposal of a temporary injunction (6C) application filed in Original Suit No. 412 of 2026. The lower court had already issued notices and granted an ad interim injunction, and the defendant had filed objections. The High Court, noting that the writ petition served only to expedite the pending 6C application, disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the trial court to decide the 6C application, considering the objections filed under Order XXXIX Rule 4 of the CPC, within one month after receipt of the certified copy of the order. It clarified that it had not adjudicated the merits of the underlying dispute. The writ petition was therefore disposed of.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely for expeditious disposal of a pending 6C injunction application
- Whether the High Court can direct the trial court to decide the 6C application within a specified time without hearing the parties on merits
Legislation cited
- Code of Civil Procedure — s. Order XXXIX Rule 4
Subjects
- Article 227
- temporary injunction
- 6C application
- Order XXXIX Rule 4 CPC
- expeditious disposal
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13372 of 2026
Devendrapal Singh
.....Petitioner(s)
Versus
Chetan Garg And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kant Dubey, Santosh Kumar
Dubey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition. In the suit filed by plaintiff-respondent no.
1, an application for grant of temporary injunction 6C was moved in
which notices were issued and an ad interim injunction was granted.
Defendant has put in appearance and filed his objections, which are
pending consideration. The sole prayer made in the writ petition is for
expeditious disposal of 6-C application along with objections.
2. 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 court concerned to decide the 6-C application filed in
Original Suit No. 412 of 2026, considering the objections filed by
petitioner under Order XXXIX Rule 4 CPC, 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.
3. With the aforesaid directions, writ petition stands disposed of.
4. 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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