Allahabad High Court
RAM NAWAL DECEASED AND 3 OTHERSversusSHADHU SHARAN AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court did not decide the merits but directed the lower court to decide the pending temporary injunction application within a month, thereby disposing of the writ petition at the admission stage.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Sant Kabir Nagar to decide a temporary injunction application (Form 6-C) dated 06.07.2025 in Original Suit No. 362 of 2015. The High Court observed that keeping the petition pending would serve no useful purpose and 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 pending 6-C application, if still under consideration, in accordance with law after hearing all affected parties, preferably within one month of the certified copy of the order. It clarified that it had not adjudicated the merits of the underlying dispute. Consequently, the writ petition was disposed of, and the matter was left to the lower court for substantive determination.
Issues considered
- What procedural authority does the High Court have under Article 227 to direct a lower court to decide a pending temporary injunction application?
- Whether the writ petition can be disposed of at the admission stage without hearing the respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure Code
- admission stage disposal
- direction to lower court
- temporary injunction application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13821 of 2026
Ram Nawal Deceased And 3 Others
.....Petitioner(s)
Versus
Shadhu Sharan And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bashisth Narain Pandey
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), Sant Kabir Nagar to decide 6-C application dated
06.07.2025 filed in Original Suit No. 362 of 2015.
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 06.07.2025, in case, the same is pending consideration in Original Suit
No. 362 of 2015, 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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