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Allahabad High Court

AVADHESH KUMAR AND ANOTHERversusPUNJAB NATIONAL BANK AND ANOTHER

Decided

Holding

The High Court directed the subordinate court to decide the pending temporary injunction application within a month, disposing of the writ petition without reaching the merits.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Hathrus, to decide a temporary injunction (7C2) application pending in Original Suit No. 142 of 2026. The High Court found that keeping the matter pending served no useful purpose and disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the 7C2 application, if still pending, in accordance with law after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The direction was issued without adjudicating the merits of the petition. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate court to decide a pending temporary injunction application without a full hearing of the writ petition.
  • Whether the petition should be dismissed at the admission stage without a counter‑affidavit or notice to private respondents.

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • 7C2 application
  • jurisdiction
  • civil procedure
  • high court direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13781 of 2026

                                    Avadhesh Kumar And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Punjab National Bank And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Arvind Kumar Tiwari
                                    Counsel for Respondent(s)                 :   Krishna Mohan Asthana

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

                                    1. This writ petition has been filed seeking a direction upon learned Civil
                                    Judge (Junior Division), Hathrus to decide 7C2 application filed in Original
                                    Suit No. 142 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 court concerned to decide the temporary injunction application 7C2, in
                                    case, the same is pending consideration in Original Suit No. 142 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 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
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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