Allahabad High Court
SHANTI DEVIversusOM PRAKASH THAKUR AND 6 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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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