Allahabad High Court

MADHU SINGHversusRAM KUMAR

Decided: 23 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition at the admission stage and directed the Additional Civil Judge to decide the interim injunction application, without adjudicating the merits.

Summary

Madhu Singh filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge, Division, Court No.5, Kanpur Nagar to decide an interim injunction application in Suit No.38 of 2022. The High Court observed that keeping the petition pending would serve no useful purpose and disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the respondent. The Court directed the lower court to decide the interim injunction application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The High Court clarified that it had not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

Whether the writ petition under Article 227 can be disposed of at the admission stage without hearing the respondent
Whether the High Court can direct the lower court to decide the interim injunction application pending in the suit

Subjects

Article 227
writ petition
interim injunction
disposal at admission stage
jurisdiction
civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13398 of 2026

                                    Madhu Singh
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Ram Kumar
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           : Saket Singh, Sanjeev Kumar Singh
                                    Counsel for Respondent(s)           :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking a direction upon learned
                                    Additional Civil Judge ( Division), Court No.5, Kanpur Nagar to decide
                                    interim injunction application filed in Suit No.38 of 2022.

                                    2. 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 sole respondent, with a direction upon
                                    Additional Civil Judge ( Division), Court No.5, Kanpur Nagar to decide
                                    interim injunction application filed in Suit No.38 of 2022 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.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. 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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