Allahabad High Court
SHYAM SINGHversusBRIJENDRA DAS CHELA AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil judge to decide the pending temporary injunction application within a month and disposed of the writ petition without reaching the merits.
Summary
Shyam Singh filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Mathura, to decide a temporary injunction (6-C) application pending in Civil Suit No. 1629 of 2025. The High Court, finding no merit in continuing the petition, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the civil judge to decide the 6-C application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. It clarified that it had not adjudicated the substantive merits of the dispute. Consequently, the writ petition was dismissed and the matter was left to the lower court for determination.
Issues considered
- What procedural direction, if any, can a High Court under Article 227 give to a subordinate civil court regarding a pending temporary injunction application?
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit No. 1629 of 2025
- jurisdiction
- admission stage disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13828 of 2026
Shyam Singh
.....Petitioner(s)
Versus
Brijendra Das Chela And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Durgesh Kumar Tiwari, Gourav
Varshney
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), Mathura to decide 6-C application filed in Civil Suit
No. 1629 of 2025.
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. 1629 of 2025, 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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