Allahabad High Court
SANSKRIT DEGREE COLLEGE AND ANOTHERversusSTATE OF UTTAR PRADESH AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide both the temporary injunction application and the Order VII Rule 11 CPC application simultaneously within two months.
Summary
The petition under Article 227 sought direction on a suit where the plaintiffs had moved for a temporary injunction and the defendants had filed an application under Order VII Rule 11 of the CPC. The High Court noted that ordinarily the lower court decides the maintainability of the suit by addressing the Rule 11 application. Since both the injunction application and the Rule 11 application were pending, the Court directed the lower court to hear and decide both matters simultaneously within two months of receiving the certified copy of the order. The High Court clarified that it had not examined the merits of the underlying suit. Consequently, the writ petition was disposed of.
Issues considered
- Whether the lower court should decide the temporary injunction application and the Order VII Rule 11 CPC application concurrently
- Procedural requirement for handling a pending injunction application alongside a Rule 11 application
Legislation cited
- Code of Civil Procedure, 1908 — s. Order VII Rule 11
Subjects
- Article 227
- temporary injunction
- Order VII Rule 11
- Civil Procedure Code
- simultaneous hearing
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13392 of 2026
Sanskrit Degree College And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pratik Ranjan Singh, Rajesh Kumar
Singh, Sarvesh Kumar Mishra
Counsel for Respondent(s) : C.S.C., Syed Nadeem Ahmad
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a petition on behalf of plaintiffs. In the suit instituted by plaintiffs-
petitioners, an application for grant of temporary injunction was moved which
is pending consideration. The defendants-respondents had put in appearance
in the said suit and filed an application under Order VII Rule 11 CPC.
2. Ordinarily, rule is that the Court below shall proceed to decide the
maintainability of the suit by deciding the application under Order VII Rule 11
CPC.
3. As both temporary injunction application as well as application under Order
VII Rule 11 CPC are pending consideration, the Court below is directed to
proceed with both the applications and decide the same simultaneously within
a period of two months from the date of production of certified copy of this
order.
4. With the aforesaid direction, present writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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