Allahabad High Court
JANKI KUSHWAHAversusVIJAY PRAKASH SINGH KUSHWAHA AND 2 OTHERS
- 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 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
Checking your session…