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Allahabad High Court

PHOOLMATI DEVIversusPARAS NATH YADAV AND 6 OTHERS

Decided

Holding

The court disposed of the writ petition and directed the trial court to decide the temporary injunction application within one month, without adjudicating the merits of the petition.

Summary

The petitioner, Phoolmati Devi, filed a writ petition under Article 227 seeking speedy disposal of a temporary injunction application (7C2) filed in the original suit No. 613 of 2025, along with her objection (Paper No. 25C2). The court noted that the petition had no substantive merit beyond the request for expeditious hearing 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 trial court to decide the 7C2 application, taking into account the petitioner’s objection, within one month of receiving a certified copy of the order. No merits of the underlying injunction were decided. The writ petition was consequently disposed.

Issues considered

  • Whether the writ petition seeking expeditious disposal of a temporary injunction application should be entertained on merits
  • Whether the court can direct the trial court to decide the injunction application within a stipulated time without hearing parties in the writ proceeding

Subjects

  • Article 227
  • temporary injunction
  • writ petition
  • expeditious disposal
  • Civil Procedure

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13836 of 2026

                                    Phoolmati Devi
                                                                                                 .....Petitioner(s)
                                                                        Versus

                                    Paras Nath Yadav And 6 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Sanjeev Kumar Yadav
                                    Counsel for Respondent(s)                    :

                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This is defendant's petition. It is contended that in the suit filed by
                                    plaintiffs-respondents, an application for grant of temporary injunction
                                    7C2 was moved in which defendant-petitioner has appeared and filed her
                                    objection being Paper No. 25C2, which is pending consideration. The sole
                                    prayer made in the writ petition is for expeditious disposal of 7C2
                                    application along with objection.

                                    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 7-C2 application filed in
                                    Original Suit No. 613 of 2025, considering the objection filed by
                                    defendant-petitioner being Paper No. 25C2, 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
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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