Allahabad High Court
MUKESH KUMAR SAHUversusANTIM KUMAR JAIN AND 9 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 6-C application within a month, without adjudicating the merits.
Summary
Mukesh Kumar Sahu filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Senior Division), Lalitpur, to decide a Section 6-C temporary injunction application pending in Civil Suit No. 120 of 2024. The High Court, after examining the petition at the admission stage, found no need to call for a counter‑affidavit or issue notice to the private respondents. It disposed of the writ petition, directing the lower court to decide the 6-C application, if still pending, in accordance with law after hearing all affected parties. The direction includes a deadline of one month from the production of a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the dispute. Consequently, the writ petition stands disposed.
Issues considered
- What procedural direction, if any, should the High Court give to the lower civil court regarding the pending Section 6-C temporary injunction application?
- Is it appropriate to dispose of a writ petition at the admission stage without hearing the respondents or considering merits?
Legislation cited
- Constitution of India — s. Article 227
Subjects
- writ petition
- Article 227
- temporary injunction
- Civil Suit No. 120 of 2024
- admission stage disposal
- procedural direction
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13820 of 2026
Mukesh Kumar Sahu
.....Petitioner(s)
Versus
Antim Kumar Jain And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Basdeo Nishad
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 (Senior Division), Lalitpur to decide 6-C application filed in Civil Suit
No. 120 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-C, in
case, the same is pending consideration in Civil Suit No. 120 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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