Allahabad High Court
MANOJ KUMAR TYAGIversusGANGA KHADI GRAMODYOG SANSTHAN KHEKDA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, directing the subordinate court to decide the pending injunction 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) of Baghpat to decide a pending temporary injunction (8-C2) application in Case No. 315 of 2025. The High Court, finding no merit in continuing the petition, disposed of it 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 injunction application, if still pending, within one month of producing a certified copy of the order, after hearing all affected parties. No merits of the underlying injunction application were adjudicated. The writ petition was therefore dismissed as disposed.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate court to decide a pending temporary injunction application.
- Whether a writ petition seeking such a direction can be disposed of at the admission stage without hearing the parties.
Subjects
- Article 227
- writ petition
- temporary injunction
- 8-C2 application
- supervisory jurisdiction
- civil procedure
- direction to lower court
- disposal at admission stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13787 of 2026
Manoj Kumar Tyagi
.....Petitioner(s)
Versus
Ganga Khadi Gramodyog Sansthan Khekda
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Kumar, Rohit Mishra
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), 2nd, Baghpat to decide 8-C2 application filed in
Case No. 315 of 2025.
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 8-C2,
in case, the same is pending consideration in Case No. 315 of 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
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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