Allahabad High Court
SHANKAR LALversusRAMSAKHI AND 8 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition without adjudicating merits, directing the lower court to decide the pending injunction application within a month.
Summary
The petitioner, Shankar Lal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Kaushambi to decide a Section 6-C temporary injunction application pending in Original Suit No. 261 of 2025. The High Court, after examining the petition at the admission stage, found no merit in entertaining it further and declined to call for a counter‑affidavit or issue notice to private respondents. Instead, the Court directed the concerned civil court to decide the injunction application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The High Court expressly stated that it had not adjudicated the substantive issues of the case. Consequently, the writ petition was disposed of without any merits being decided.
Issues considered
- What procedural authority does a High Court have under Article 227 to direct a lower civil court to decide a pending Section 6-C injunction application?
- Whether the writ petition should be entertained further or disposed of at the admission stage.
Subjects
- Article 227
- temporary injunction
- Section 6-C
- writ petition
- civil procedure
- admission stage disposal
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13839 of 2026
Shankar Lal
.....Petitioner(s)
Versus
Ramsakhi And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Tahir Ali
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 (Senior Division), Kaushambi to decide 6-C application filed in
Original Suit No. 261 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 Original Suit No. 261 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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