Allahabad High Court
SMT. SANDHYA PRAJAPATIversusVINOD KUMAR PRAJAPATI AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Senior Division), Kannauj to decide the pending temporary injunction application within one month and disposed of the writ petition without adjudicating its merits.
Summary
The petitioner, Smt. Sandhya Prajapati, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Kannauj, to decide a pending temporary injunction application (6‑C2) in Suit No. 308 of 2023. The petitioner argued that the injunction application had remained undecided for an unreasonable period, causing prejudice. The High Court, after admitting the petition, declined to call for a counter‑affidavit or issue notice to the private respondents, deeming further procedural steps unnecessary. It issued a directive that the lower court decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The writ petition was disposed of without any merits being adjudicated, and the Court clarified that it had not decided the substantive issues of the underlying suit.
Issues considered
- What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to decide a pending application within a specified time?
Subjects
- Article 227
- writ petition
- temporary injunction
- civil suit
- judicial supervision
- direction to lower court
- injunction application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13873 of 2026
Smt. Sandhya Prajapati
.....Petitioner(s)
Versus
Vinod Kumar Prajapati And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prince Kumar Srivastava, Puja Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Senior Division), Kannauj to decide the temporary injunction application 6-
C2 filed in Suit No. 308 of 2023 within a time frame fixed by this Court.
2. It is contended by learned counsel for the petitioner that 6-C2 application
filed in Civil Suit No. 308 of 2023 is pending consideration and till date the
same has not been decided by the court concerned.
3. 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 Civil Judge (Senior Division), Kannauj to decide the temporary
injunction application (6-C2) filed in Suit No. 308 of 2023, 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.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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