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Allahabad High Court

SMT. KUSMA DEVIversusBHAGWAN SINGH AND ANOTHER

Decided

Holding

The Court directed the Gram Nyayalaya to decide the temporary injunction application within a month and disposed of the writ petition without adjudicating the merits.

Summary

The petition was filed by Smt. Kusma Devi seeking a direction to the Gram Nyayadhikari of Madhogarh, Jalaun, to decide a temporary injunction application (7‑C2) dated 24‑01‑2023 filed in Suit No. 19 of 2023. The High Court, noting that keeping the matter pending would serve no useful purpose, 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 injunction 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 direction was issued to ensure speedy disposal, and the High Court expressly stated that it had not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate court to decide a pending temporary injunction application without hearing the writ petition fully
  • Whether a writ petition may be disposed of at the admission stage without issuing notice to private respondents

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • Gram Nyayalaya
  • jurisdiction
  • procedural direction
  • admission stage disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13785 of 2026

                                    Smt. Kusma Devi
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Bhagwan Singh And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                       :     Vikas Srivastava
                                    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
                                    Nyayadhikari, Gram Nyayalaya, Madhogarh, District Jalaun to decide 7-C2
                                    application dated 24.01.2023 filed in Suit No. 19 of 2023.

                                    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 7-C2
                                    dated 24.01.2023, in case, the same is pending consideration in Suit No. 19
                                    of 2023, 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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