Allahabad High Court
DADAN LALversusDEVENDRA YADAV AND 8 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without merits, with a direction to the trial court to decide the pending application within two months.
Summary
The petitioner, Dadan Lal, filed a writ petition under Article 227 seeking speedy disposal of a pending application (Misc. Application No. 487 of 2023) filed under Order XXXIX Rule 2A of the CPC, which sought enforcement of a temporary injunction granted in the original suit. The petitioner alleged that the respondents had violated the interim injunction, prompting the application. The High Court, noting that the writ petition served only to expedite the pending application and that no substantive merits needed to be decided, disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the trial court to decide the pending application within two months of the certified copy of the order. It was expressly stated that the Court did not adjudicate the merits of the underlying dispute. The writ petition was therefore disposed of.
Issues considered
- What procedural steps are appropriate for a writ petition seeking expeditious disposal of a pending application under Order XXXIX Rule 2A CPC?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 2A
Subjects
- temporary injunction
- Order XXXIX Rule 2A
- expeditious disposal
- writ petition
- Article 227
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13825 of 2026
Dadan Lal
.....Petitioner(s)
Versus
Devendra Yadav And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sudhir Kumar Shukla
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiff's petition. In the suit filed by plaintiff, an application
for grant of temporary injunction was moved which was allowed by trial
court. According to petitioner, as defendants have violated the interim
injunction, an application under Order XXXIX Rule 2A CPC was filed,
which is pending consideration. The sole prayer made in the writ petition
is for expeditious disposal of the same.
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 Misc. Application No. 487
of 2023 filed by plaintiff-petitioner under Order XXXIX Rule 2A CPC in
Original Suit No. 480 of 2018, in accordance with law, after hearing all
affected parties, preferably within a period of two months 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
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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