Allahabad High Court
ALI AHMD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without adjudicating merits, with a direction to the trial court to decide the Section 6C injunction application after considering the petitioners' objections.
Summary
The petitioners, who are defendants in an original suit, filed a writ petition under Article 227 challenging the grant of a temporary injunction (Section 6C) in the suit. The lower court had issued notices and granted an ad interim injunction, and the petitioners had filed objections under Order XXXIX Rule 4 of the CPC, which were pending consideration. The High Court, finding no merit in entertaining the writ at this stage, disposed of the petition without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the trial court to decide the Section 6C application, taking into account the petitioners' objections, within one month of the certified copy of the order. It was expressly stated that the High Court did not adjudicate the substantive merits of the injunction application.
Issues considered
- Whether the High Court should entertain a writ petition under Article 227 challenging an interim injunction pending consideration of objections under Order XXXIX Rule 4 CPC.
- Whether the High Court can dispose of the writ petition at the admission stage without hearing the parties on merits.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 4
- Specific Relief Act, 1963 — s. Section 6C
Subjects
- Article 227
- temporary injunction
- interim injunction
- writ petition
- Civil Procedure Code
- Order XXXIX Rule 4
- Specific Relief Act
- jurisdiction
- court supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13651 of 2026
Ali Ahmd And 2 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ghazala Bano Quadri
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendants' petition. In the suit filed by plaintiffs-respondents,
an application for grant of temporary injunction 6C was moved in which
notices were issued to defendants-petitioners and an ad interim injunction
was granted. According to petitioners, they have appeared in the matter
and filed their objections, which are pending consideration.
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 private respondents, with
a direction upon court concerned to decide the 6-C application filed in
Original Suit No. 185 of 2025, considering the objection filed by
petitioner under Order XXXIX Rule 4 CPC, 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 directions, writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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