Allahabad High Court
AMIRversusSHAH ABID AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil judge to decide the pending temporary injunction application within one month, disposing the writ petition without reaching the merits.
Summary
Amir filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Junior Division), City, Azamgarh, to decide a pending temporary injunction application (7‑C2) in Suit No. 816 of 2026. The petitioner argued that the injunction application had been pending for an unreasonable period without any decision. The High Court observed that keeping the matter pending served no useful purpose and therefore disposed of the writ petition at the admission stage. It directed the lower court to hear all affected parties and decide the injunction application within one month of receiving a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition was disposed of with the specified procedural direction.
Issues considered
- What authority does a High Court have under Article 227 to direct a subordinate court to decide a pending application within a specified time frame?
Subjects
- Article 227
- writ petition
- temporary injunction
- civil suit
- direction to lower court
- procedural order
- disposal at admission stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13374 of 2026
Amir
.....Petitioner(s)
Versus
Shah Abid And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Yadav
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, Azamgarh to decide the temporary injunction
application 7-C2 filed in Suit No. 816 of 2026 within a time frame fixed by
this Court.
2. It is contended by learned counsel for the petitioner that 7-C2 application
filed in Civil Suit No. 816 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, Azamgarh to decide the temporary
injunction application (7-C2) filed in Suit No. 816 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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