Allahabad High Court
CHANDAN AND ANOTHERversusFAIJAUL HASAN
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage and directed the subordinate court to decide the pending temporary injunction application, without adjudicating the merits.
Summary
The petitioners Chandan and another filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Mau, to decide a Section 6‑C‑2 temporary injunction application pending in Original Suit No. 1418 of 2009. The High Court examined the petition and found that no substantial purpose would be served by keeping the writ proceeding pending. Consequently, the Court disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the lower court to decide the pending injunction application, if still pending, in accordance with law after hearing all affected parties, preferably within one month of producing a certified copy of the order. The direction was issued subject to the production of the certified copy and the Court expressly stated that it had not adjudicated the merits of the underlying dispute.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to decide a pending temporary injunction application
- Whether a writ petition may be disposed of at the admission stage without hearing the respondents or issuing notice to private respondents
- Whether notice to private respondents is mandatory in such supervisory proceedings
Subjects
- Article 227
- writ petition
- temporary injunction
- civil court
- jurisdiction
- admission stage
- direction
- original suit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13842 of 2026
Chandan And Another
.....Petitioner(s)
Versus
Faijaul Hasan
.....Respondent(s)
Counsel for Petitioner(s) : Poonam, Shailendra Pratap Subodh,
Sudhanshu Kumar Singh
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), Mau to decide 6-C2 application filed in Original
Suit No. 1418 of 2009.
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-C2,
in case, the same is pending consideration in Suit No. 1418 of 2009, 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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