Allahabad High Court
SMT. KAILASHI DEVIversusSHRI YOGENDRA PRATAP SINGH AND 22 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court may, under its supervisory jurisdiction under Article 227, direct a subordinate court to decide a pending application without adjudicating the merits of the writ petition.
Summary
The petitioner, Smt. Kailashi Devi, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division) Court No. 3, Gorakhpur to decide a pending Section 7‑C temporary injunction application in Civil Suit No. 931 of 2016. The High Court observed that keeping the petition pending would serve no useful purpose and therefore disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the subordinate court to decide the injunction application, if still pending, in accordance with law after hearing all affected parties, preferably within one month of receiving a certified copy of the order. It was expressly stated that the High Court did not adjudicate the merits of the underlying dispute. Consequently, the writ petition was disposed of with the specified direction.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending Section 7‑C temporary injunction application without hearing the merits of the writ petition.
Subjects
- Article 227
- writ petition
- temporary injunction
- Section 7-C
- civil suit
- supervisory jurisdiction
- admission stage
- direction to subordinate court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13827 of 2026
Smt. Kailashi Devi
.....Petitioner(s)
Versus
Shri Yogendra Pratap Singh And 22 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lavalesh, Shriprakash Mishra
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 (Senior Division) Court No. 3, Gorakhpur to decide
7-C application filed in Civil Suit No. 931 of 2016.
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 7-C, in
case, the same is pending consideration in Civil Suit No. 931 of 2016, 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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