Allahabad High Court
SUGHAR SINGHversusMANOJ KUMAR JAIN AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage with a direction to the trial court to decide the temporary injunction application within one month.
Summary
The petitioner, Sughar Singh, filed a writ petition under Article 227 seeking speedy disposal of a temporary injunction application filed in the original suit (No. 1993 of 2025) in favor of the respondents. The petitioner had objected to the injunction on 26 September 2025, and the writ petition sought a direction for the court handling the original suit to consider this objection promptly. The High Court observed that keeping the writ petition pending served no useful purpose and therefore disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the trial court to decide the temporary injunction application, taking into account the petitioner’s objection, within one month of receiving a certified copy of the order. The writ petition was thus disposed of without any merits being adjudicated.
Issues considered
- What procedural steps should be taken for the disposal of a writ petition seeking expeditious hearing of a temporary injunction application?
Subjects
- temporary injunction
- writ petition
- Article 227
- expeditious disposal
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13779 of 2026
Sughar Singh
.....Petitioner(s)
Versus
Manoj Kumar Jain And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Dwivedi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition. It is contended that in the suit filed by
plaintiffs-respondents, an application for grant of temporary injunction
was moved in which an ad interim injunction has been granted in favour
of plaintiffs. Defendant-petitioner has put in appearance and filed his
objection on 26.09.2025, which is pending consideration. The sole prayer
made in the writ petition is for expeditious disposal of temporary
injunction application along with objection.
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 filed in Original Suit No. 1993 of 2025, considering the
objection filed by defendant-petitioner on 26.09.2025, 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.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
Checking your session…