Allahabad High Court
GULAM MOHAMMADversusSAMMAN FINZARV LIMITED AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage with a direction to the lower court to decide the pending 6-C application within a month, without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), City, Bareilly, to decide a pending 6-C temporary injunction application in Original Suit No. 492 of 2026. The High Court found that keeping the matter pending would serve no useful purpose and 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 6-C application, if still pending, in accordance with law, after hearing all affected parties, preferably within one month of producing a certified copy of the order. The writ petition was therefore disposed of, and the Court expressly stated that it did not adjudicate the merits of the dispute.
Issues considered
- Whether the High Court should issue a direction to the lower court to decide the pending 6-C temporary injunction application in the original suit.
- Whether the writ petition can be disposed of at the admission stage without hearing the parties or issuing notice to private respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- 6-C application
- admission stage disposal
- direction to lower court
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13784 of 2026
Gulam Mohammad
.....Petitioner(s)
Versus
Samman Finzarv Limited And Another
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kumar Pandey
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), City, Bareilly to decide 6-C application filed in
Original Suit No. 492 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 6-C, in
case, the same is pending consideration in Original Suit No. 492 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
Checking your session…