Allahabad High Court
AMIRversusSHEKH IBRAHIM AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Senior Division), Azamgarh, to decide the pending temporary injunction application within one month, without deciding the merits of the underlying suit.
Summary
The petitioner, Amir, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Azamgarh, to decide a pending temporary injunction application (7‑C2) in Suit No. 182 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period, causing prejudice. The Court, after noting the lack of any substantive hearing and the futility of further delay, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the lower court to decide the injunction application in accordance with law, after hearing all affected parties, within one month of receiving a certified copy of the order. The Court expressly clarified that it had not adjudicated the merits of the underlying suit, and the writ petition was consequently disposed.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to decide a pending temporary injunction application within a specified time frame.
Subjects
- Article 227
- writ petition
- temporary injunction
- civil suit
- judicial supervision
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13386 of 2026
Amir
.....Petitioner(s)
Versus
Shekh Ibrahim And Another
.....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
(Senior Division), Azamgarh to decide the temporary injunction application
7-C2 filed in Suit No. 182 of 2026within 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. 182 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 (Senior Division), Azamgarh to decide the temporary
injunction application (7-C2) filed in Suit No. 182 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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