Allahabad High Court
NIRMALA AND ANOTHERversusRAJ BAHADUR YADAV AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage without adjudicating merits, but the lower court is directed to decide the pending injunction application within a month.
Summary
The petitioners Nirmala and another filed a writ petition under Article 227 before the Allahabad High Court seeking a direction to the Additional Civil Judge (Junior Division), Court No. 14, Azamgarh, to decide a pending temporary injunction application (6‑C2) filed in civil case No. 866 of 2026. The High Court examined the petition at the admission stage and found that no further hearing or counter‑affidavit was necessary. It ordered the lower court to decide the injunction 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 court expressly stated that it was not passing any judgment on the merits of the underlying dispute. Consequently, the writ petition was disposed of without adjudication.
Issues considered
- Whether the High Court should entertain the writ petition and direct the lower court to decide the pending temporary injunction application.
- Whether the petition can be disposed of at the admission stage without hearing or counter‑affidavit.
Subjects
- Article 227
- writ petition
- temporary injunction
- admission stage disposal
- direction to lower court
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13792 of 2026
Nirmala And Another
.....Petitioner(s)
Versus
Raj Bahadur Yadav And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj 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
Additional Civil Judge (Junior Division), Court No. 14, Azamgarh to decide
6-C2 application filed in Case No. 866 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-C2,
in case, the same is pending consideration in Case No. 866 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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