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Allahabad High Court

SHOBHA CHAUHAN AND ANOTHERversusSANDEEP VIDHURI

Decided

Holding

The High Court disposed of the writ petition at the admission stage and directed the civil court to decide the pending 6‑C application within a month, without deciding the merits.

Summary

The petitioners Shobha Chauhan and another filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Gautam Buddha Nagar to decide a pending 6‑C temporary injunction application in Suit No. 956 of 2022. The High Court observed that keeping the petition pending served no useful purpose and disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the civil 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 writ petition was therefore disposed, and the Court expressly stated that it had not adjudicated the merits of the underlying dispute.

Issues considered

  • What direction, if any, should the High Court give to the Civil Judge regarding the pending 6‑C temporary injunction application in Suit No. 956 of 2022?

Subjects

  • Article 227
  • Writ petition
  • Temporary injunction
  • Civil Procedure Code
  • Admission stage disposal
  • Direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13866 of 2026

                                    Shobha Chauhan And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Sandeep Vidhuri
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Jeet Bahadur Gautam, Ramesh Kumar
                                    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), Gautam Buddha Nagar to decide 6-C application
                                    filed in Suit No. 956 of 2022.

                                    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 Suit No. 956 of 2022, 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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