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Allahabad High Court

SHANTI DEVIversusOM PRAKASH THAKUR AND 6 OTHERS

Decided

Holding

The High Court disposed of the writ petition at the admission stage and directed the lower court to decide the pending 6‑C temporary injunction application within one month, without adjudicating the merits.

Summary

The petitioner, Shanti Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) East, Ballia to decide a temporary injunction application (6-C) filed on 19.01.2026 in Original Suit No. 73 of 2026. The High Court, noting that keeping the matter pending would serve no useful purpose, 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 6-C application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The order expressly states that the Court has not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

  • Whether the High Court may, at the admission stage, dispose of a writ petition under Article 227 without hearing the parties
  • Whether the High Court can direct a lower court to decide a pending temporary injunction application within a specified time

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • 6-C application
  • admission stage disposal
  • direction to lower court
  • procedural order

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13876 of 2026

                                    Shanti Devi
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Om Prakash Thakur And 6 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Dhiraj Singh, Shashi Bhushan Kunwar
                                    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) East, Ballia to decide 6-C application dated
                                    19.01.2026 filed in Original Suit No. 73 of 2026.

                                    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
                                    dated 19.01.2026, in case, the same is pending consideration in Original Suit
                                    No. 73 of 2026, 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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