Allahabad High Court
SMT. NISHA DEVI AND 3 OTHERSversusDEVICHAND AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, without adjudicating merits, and directed the lower court to decide the pending temporary injunction application within a month.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Shamli, to decide a temporary injunction application (6‑C) dated 22‑08‑2024 filed in Original Suit No. 200 of 2024. The High Court, noting that no useful purpose would be served by keeping the matter pending, disposed of the writ 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 pending 6‑C application, if still pending, within one month of the production of a certified copy of this order, after hearing all affected parties. The order expressly states that the Court has not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed.
Issues considered
- What procedural steps are required before disposing of a writ petition filed under Article 227 seeking a direction to a lower court?
- Whether the High Court can direct the lower court to decide a pending temporary injunction application without hearing the parties to the writ petition.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure Code
- admission stage disposal
- direction to lower court
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13782 of 2026
Smt. Nisha Devi And 3 Others
.....Petitioner(s)
Versus
Devichand And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajjan Singh
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 (Junior Division), Shamli to decide 6-C application dated 22.08.2024
filed in Original Suit No. 200 of 2024.
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
dated 22.08.2024, in case, the same is pending consideration in Original Suit
No. 200 of 2024, 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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