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Allahabad High Court

PRATAP SINGH AND ANOTHERversusMAHENDER SINGH AND 4 OTHERS

Decided

Holding

The Court directed the subordinate civil judge to decide the pending 6‑C temporary injunction application within a month and disposed of the writ petition without reaching the merits.

Summary

The petitioners Pratap Singh and another filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Mainpuri, to decide a pending 6‑C temporary injunction application in Original Suit No. 1254 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 6‑C application, if still pending, in accordance with law after hearing all affected parties, preferably within one month of the certified copy of the order. It was expressly stated that the High Court had not adjudicated the merits of the underlying dispute. Consequently, the writ petition was disposed of, and the lower court was instructed to proceed with the injunction application.

Issues considered

  • The High Court’s jurisdiction under Article 227 to direct a subordinate court to decide a pending 6‑C injunction application.
  • Whether a writ petition can be disposed of at the admission stage without hearing the respondents.

Subjects

  • Article 227
  • Writ petition
  • Temporary injunction
  • 6‑C application
  • Civil Procedure
  • Jurisdiction
  • Direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13819 of 2026

                                    Pratap Singh And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Mahender Singh And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Mohit Kumar Singh, Sujata Choudhary
                                    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), Mainpuri to decide 6-C application filed in Original
                                    Suit No. 1254 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, in
                                    case, the same is pending consideration in Original Suit No. 1254 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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