Allahabad High Court
SUDAMA DEVIversusJOHAN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, directing the lower court to decide the temporary injunction application within a month, without adjudicating the merits.
Summary
The petitioner, Sudama Devi, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No. 18, Azamgarh, to decide a temporary injunction application (6‑C2) filed in Civil Suit No. 285 of 2024. The High Court observed that keeping the matter pending would serve no useful purpose and therefore 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‑C2 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 without adjudicating the merits of the petition. Consequently, the writ petition stands disposed, and the High Court expressly clarified that it did not pass any substantive judgment on the merits.
Issues considered
- What procedural steps are required before a High Court can entertain a writ petition seeking direction to a lower court to decide a pending injunction application?
- Whether the High Court may dispose of the writ petition at the admission stage without issuing notice to private respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit No. 285 of 2024
- admission stage disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13802 of 2026
Sudama Devi
.....Petitioner(s)
Versus
Johan
.....Respondent(s)
Counsel for Petitioner(s) : Girijesh Kumar Gupta, Shiv Shankar
Pd Gupta
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. 18, Azamgarh to decide
6-C2 application filed in Civil Suit No. 285 of 2024.
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 Civil Suit No. 285 of 2024, 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…