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Allahabad High Court

MUMTAZ AHMADversusISRAR AHMAD AND ANOTHER

Decided

Holding

The Court did not decide the merits but directed the subordinate court to decide the pending 6‑C application within a month.

Summary

The petitioner, Mumtaz Ahmad, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Kaushambi, to decide a pending 6‑C temporary injunction application in Original Suit No. 748 of 2024. The High Court, noting that keeping the matter pending served no useful purpose, disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the 6‑C application, if still pending, in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The direction was issued without adjudicating the merits of the petition. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending 6‑C 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
  • civil procedure
  • jurisdiction
  • direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13843 of 2026

                                    Mumtaz Ahmad
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Israr Ahmad And Another
                                                                                               .....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 (Junior Division), Kaushambi to decide 6-C application filed in
                                    Original Suit No. 748 of 2024.

                                    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. 748 of 2024, 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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