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Allahabad High Court

JANKI KUSHWAHAversusVIJAY PRAKASH SINGH KUSHWAHA AND 2 OTHERS

Decided

Holding

The High Court disposed of the writ petition at the admission stage, directing the lower court to decide the pending temporary injunction application within a month, without adjudicating the merits.

Summary

The petitioner, Janki Kushwaha, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No. 10, Allahabad, to decide a temporary injunction application (6‑C) dated 29‑04‑2023 in Case No. 397 of 2023. The High Court observed that keeping the matter pending would serve no useful purpose and therefore disposed of the 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 pending 6‑C application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. It was expressly stated that the High Court did not adjudicate the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

  • What is the appropriate jurisdiction of the High Court under Article 227 to direct a lower court to decide a pending application?
  • Whether the writ petition should be entertained on merits or disposed at the admission stage?

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • admission stage
  • court direction
  • Civil Procedure Code

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13809 of 2026

                                    Janki Kushwaha
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Vijay Prakash Singh Kushwaha And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)              :     Harsh Tripathi, Vivek Singh
                                    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. 10, Allahabad to decide
                                    6-C application dated 29.04.2023 filed in Case No. 397 of 2023.

                                    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-C
                                    dated 29.04.2023, in case, the same is pending consideration in Case No.
                                    397 of 2023, 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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