Allahabad High Court
MUKESH AND 4 OTHERSversusGIRAND SINGH AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage without merits, but the High Court directs the subordinate court to decide the pending temporary injunction application within a month after receipt of the certified order.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Atrauli, Aligarh, to decide a Section 6-C2 temporary injunction application pending in Original Suit No. 72 of 2025. The High Court found that keeping the matter pending would serve no useful purpose and disposed of the writ 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 pending injunction application, if any, in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. It was expressly stated that the High Court did not adjudicate the merits of the dispute. Consequently, the writ petition stands disposed, and the lower court is to proceed with the injunction application as directed.
Issues considered
- What procedural steps are required before a writ petition under Article 227 can be dismissed at the admission stage?
- Whether the High Court can direct a subordinate court to decide a pending temporary injunction application without hearing the parties in the writ petition.
Subjects
- Article 227
- writ petition
- temporary injunction
- admission stage disposal
- Civil Procedure Code
- jurisdiction
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13846 of 2026
Mukesh And 4 Others
.....Petitioner(s)
Versus
Girand Singh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajeshwari Prasad
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), Atrauli, Aligarh to decide 6-C2 application filed
in Original Suit No. 72 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-C2, in case, the same is pending consideration in Original
Suit No. 72 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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