Allahabad High Court
RINKIversusMEERA AND 7 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the temporary injunction application within one month and disposed of the writ petition without reaching the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Shahganj, Jaunpur, to decide a pending temporary injunction application (6-C) in Suit No. 891 of 2026. The petitioner argued that the injunction application had been pending without decision, causing unnecessary delay. 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 lower court to decide the injunction application within one month of receiving a certified copy of the order. The petition was disposed of at the admission stage, with a clear statement that the Court did not adjudicate the merits of the underlying suit. Consequently, the writ petition stands disposed.
Issues considered
- Whether the High Court can direct a subordinate civil court to decide a pending temporary injunction application within a specified time frame under its supervisory jurisdiction under Article 227.
Subjects
- temporary injunction
- civil procedure
- writ petition
- Article 227
- direction to lower court
- pending application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13375 of 2026
Rinki
.....Petitioner(s)
Versus
Meera And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Pandey, Shailendra
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), Shahganj, Jaunpur to decide the temporary injunction
application 6-C filed in Suit No. 891 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. 891 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), Shahganj, Jaunpur to decide the
temporary injunction application (6-C) filed in Suit No. 891 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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