Allahabad High Court
MOHMMAD DANISHversusMOHMMAD TALIB
- 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 temporary injunction application without adjudicating the merits.
Summary
Mohammad Danish filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No. 32, Azamgarh, to decide a temporary injunction application (7‑C2) pending in Original Suit No. 572 of 2022. The petition was presented before the Allahabad High Court, Court No. 9, before Hon’ble Justice Rohit Ranjan Agarwal. The 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. It directed the lower court to decide the 7‑C2 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. The direction was issued subject to the production of the certified copy, and the High Court expressly clarified that it had not adjudicated the merits of the dispute. Consequently, the writ petition stands disposed of without any substantive ruling on the underlying claim.
Issues considered
- Whether the High Court should entertain a writ petition under Article 227 directing a lower court to decide a pending temporary injunction application.
- Whether the petition can be disposed of at the admission stage without hearing the respondents.
Subjects
- Article 227
- Writ petition
- Temporary injunction
- Admission stage disposal
- Civil Procedure
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13835 of 2026
Mohmmad Danish
.....Petitioner(s)
Versus
Mohmmad Talib
.....Respondent(s)
Counsel for Petitioner(s) : Harish Chandra, Pramod Kumar
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 (Junior Division), Court No. 32, Azamgarh to decide
7-C2 application filed in Original Suit No. 572 of 2022.
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-C2,
in case, the same is pending consideration in Original Suit No. 572 of 2022,
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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