Allahabad High Court

PHOOL SINGH AND 3 OTHERSversusSUNEEL KUMAR (DIED) AND 23 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition without reaching the merits and directed the Additional District Judge to decide the injunction application within a month.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Additional District Judge, Aligarh, to decide an injunction application filed in Civil Appeal No. 107 of 2026 under Order 39 Rule 1 & 2 read with Section 151 of the CPC. The High Court observed that keeping the matter pending would serve no useful purpose and therefore disposed of the writ petition at the admission stage. No counter‑affidavit was called for and no notice was issued to the private respondents. The Court directed the Additional District Judge to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The Court expressly stated that it had not adjudicated the merits of the underlying dispute.

Issues considered

Whether the writ petition under Article 227 seeking a direction to decide an injunction application should be entertained.
Whether the High Court can direct the lower court to decide the injunction application without hearing the parties to the writ petition.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 39 Rule 1 & 2, Section 151
Constitution of India — s. Article 227

Subjects

Article 227
Writ Petition
Injunction
Civil Appeal
Order 39 CPC
Section 151 CPC
Preliminary Disposal
High Court Direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13673 of 2026

                                    Phool Singh And 3 Others
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    Suneel Kumar (Died) And 23 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                             :    Sumit Daga
                                    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 District Judge/F.T.C.-I, Aligarh to decide the Injunction
                                    Application filed under Order 39 Rule 1 & 2 read with Section 151 CPC
                                    (Paper No.4-C2) in Civil Appeal No.107 of 2026.

                                    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 Additional District Judge/F.T.C.-I, Aligarh to decide the Injunction
                                    Application filed under Order 39 Rule 1 & 2 read with Section 151 CPC
                                    (Paper No.4-C2) in Civil Appeal No.107 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.

                                    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 30, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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