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Allahabad High Court

RAMESH CHANDRAversusDHARAMRAJ AND 4 OTHERS

Decided

Holding

The High Court may, under its Article 227 supervisory jurisdiction, issue a procedural direction to a lower court to ensure timely disposal of a pending application.

Summary

The petitioner filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Junior Division) to decide a pending temporary injunction application (6‑C) in Suit No. 342 of 2025. The petitioner argued that the injunction application had been left undecided for an unreasonable period. The High Court, noting that the matter was pending without any substantive hearing, decided that no merit issue needed to be decided and that a procedural direction would suffice to avoid further delay. Accordingly, the Court ordered the civil judge to hear all affected parties and dispose of the injunction application within one month of receiving a certified copy of the order. The writ petition was disposed of at the admission stage, with a clear statement that the Court had not adjudicated the merits of the underlying suit.

Issues considered

  • The Court's supervisory jurisdiction under Article 227 to direct a lower court to decide a pending application within a fixed time‑frame

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • Civil Procedure Code
  • judicial supervision
  • court direction
  • pending application

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13382 of 2026

                                    Ramesh Chandra
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Dharamraj And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Pradyumna Kumar
                                    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), Room No. 8, Allahabad to decide the temporary
                                    injunction application 6-C filed in Suit No. 342 of 2025 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. 342 of 2025 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), Room No. 8, Allahabad to decide the
                                    temporary injunction application (6-C) filed in Suit No. 342 of 2025, 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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