Allahabad High Court
SMT. SURENDRA RANI AND 2 OTHERSversusSMT. REHANA NAAHID AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed at the admission stage without merits, but the High Court directs the lower civil court to decide the pending 6‑C application within a month after hearing the parties.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Muzaffarnagar, to decide a pending 6‑C temporary injunction application in Original Suit No. 937 of 2022. The High Court, finding no merit in continuing the petition, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court, however, issued a direction that the civil judge decide the 6‑C application, if still pending, within one month of the certified copy of this order, after hearing all affected parties. The order expressly states that the Court has not adjudicated the matter on its merits. Consequently, the writ petition stands disposed.
Issues considered
- What procedural propriety governs disposal of a writ petition at the admission stage under Article 227?
- Whether the High Court can direct a lower civil court to decide a pending 6‑C temporary injunction application without hearing parties in the writ petition.
Subjects
- Article 227
- writ petition
- temporary injunction
- 6-C application
- civil procedure
- admission stage disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13756 of 2026
Smt. Surendra Rani And 2 Others
.....Petitioner(s)
Versus
Smt. Rehana Naahid And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mridul Chandra Tiwari, Vatsala
Upadhyay
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 Civil
Judge (Senior Division), Muzaffarnagar to decide 6-C application filed in
Original Suit No. 937 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 private respondents, with a direction
upon court concerned to decide the temporary injunction application 6-C, in
case, the same is pending consideration in Original Suit No. 937 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 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
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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