Created by Fuzzy Cloud

Allahabad High Court

VINOD KUMAR (SINCE DECEASED) AND 5 OTHERSversusSRI OMI DAGAUR AND ANOTHER

Decided

Holding

The High Court disposed of the writ petition at the admission stage and directed the lower court to decide the pending 8‑C application within a month, without adjudicating the merits.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division)/Fast Track Court, Agra, to decide an 8‑C temporary injunction application pending in Original Suit No. 574 of 2022. The High Court found that keeping the petition pending would serve no useful purpose and 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 8‑C 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 petition was thus disposed of without any adjudication on the merits. The order emphasizes that the High Court has not decided the substantive issues of the case.

Issues considered

  • Whether the writ petition under Article 227 is maintainable for seeking a direction to decide the 8‑C temporary injunction application.
  • Whether the High Court should entertain the petition at the admission stage without hearing the respondents.

Subjects

  • Article 227
  • Writ petition
  • Temporary injunction
  • 8‑C application
  • Admission stage disposal
  • Direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13796 of 2026

                                    Vinod Kumar (Since Deceased) And 5 Others
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Sri Omi Dagaur And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                            :    Madhav Jain
                                    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)/Fast Track Court, Agra to decide 8-
                                    C application filed in Original Suit No. 574 of 2022.

                                    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-C, in
                                    case, the same is pending consideration in Original Suit No. 574 of 2022, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.