Allahabad High Court
AJAY KUMARversusMEWA LAL
- 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 pending 7C(2) application within a month, without adjudicating the merits.
Summary
Ajay Kumar filed a writ petition under Article 227 seeking a direction to the Civil Judge/Judicial Magistrate, Bansi, to decide a pending 7C(2) temporary injunction application in Original Suit No. 256 of 2024. 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 7C(2) application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The direction was issued purely on procedural grounds and the Court expressly stated that it did not adjudicate the substantive merits of the dispute. Consequently, the writ petition stands disposed.
Issues considered
- What procedural steps are required for a writ petition under Article 227 seeking a direction to a lower court to decide a pending 7C(2) temporary injunction application?
Subjects
- Article 227
- writ petition
- temporary injunction
- 7C(2) application
- Civil Procedure
- admission stage disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13807 of 2026
Ajay Kumar
.....Petitioner(s)
Versus
Mewa Lal
.....Respondent(s)
Counsel for Petitioner(s) : Ambrish Kumar, Mujiburrahman
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)/Judicial Magistrate, Bansi, Siddharth Nagar to
decide 7C(2) application filed in Original Suit No. 256 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 7C(2),
in case, the same is pending consideration in Original Suit No. 256 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
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