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Allahabad High Court

MUHAMMAD SHAKIBversusMUHAMMAD JAVED KHAN AND 2 OTHERS

Decided

Holding

The petition is disposed of with a supervisory direction to the Additional Civil Judge to decide the interim injunction application and the objection within six weeks.

Summary

The petitioner, Muhammad Shakib, filed a writ petition under Article 227 seeking a directive to the Additional Civil Judge (Senior Division), Court No.7, Bareilly, to decide a pending interim injunction application filed by the plaintiff‑respondents in Original Suit No. 309 of 2024. The petitioner argued that the injunction application was unduly delayed, while the respondents had filed an objection under Order XXXIX Rule 4 of the CPC, accompanied by a rejoinder affidavit. The High Court examined the pleadings and noted that the lower court had not yet ruled on the injunction request. It held that the High Court could issue a supervisory direction to ensure speedy disposal, provided no other legal impediment existed. Consequently, the court disposed of the writ petition, directing the Additional Civil Judge to decide both the injunction application and the objection within six weeks of the certified copy of the order, without unnecessary adjournments.

Issues considered

  • Whether the High Court under Article 227 can direct a lower court to decide a pending interim injunction application expeditiously
  • Whether the direction to decide within a specified time frame is permissible without infringing on the lower court's jurisdiction

Legislation cited

Subjects

  • Article 227
  • interim injunction
  • Civil Procedure Code
  • Order XXXIX
  • supervisory jurisdiction
  • high court direction
  • expeditious disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3373 of 2026

                                    Muhammad Shakib
                                                                                                           .....Petitioner(s)
                                                                              Versus
                                    Muhammad Javed Khan And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Shreya Gupta
                                    Counsel for Respondent(s)                          :    Krishna Mohan Asthana

                                    Court No. - 5
                                                         HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard Ms. Shreya Gupta, learned counsel for the petitioner, Sri Krishna Mohan
                                    Asthana, learned counsel for the respondents and perused the record.

                                    2. The instant writ petition has been filed for following relief:

                                    "i) direct the Court of learned Additional Civil Judge (Senior Division), Court No.7,
                                    Bareilly to consider and decide, expeditiously and in a time-bound manner, the
                                    temporary injunction application under Order XXXIX Rule 1 read with Section 151
                                    CPC (Paper No. 6-C) filed by the plaintiff-respondents, in Original Suit No. 309 of
                                    2024 (Muhammad Javed Khan vs. Muhammad Shakib and others);"

                                    3. Contention of learned counsel for the petitioner is that the application for interim
                                    injunction filed by the plaintiff-respondents is pending consideration. The petitioner
                                    has already filed his objection under Order XXXIX Rule 4 C.P.C., to which rejoinder
                                    affidavit has also been filed by the plaintiff-respondents.

                                    4. Considering the facts and circumstances of the case, the present petition stands
                                    disposed of with direction to the Additional Civil Judge (Senior Division), Court
                                    No.7, Bareilly to consider and decide the application for interim injunction as well as
                                    application filed under Order XXXIX Rule 4 C.P.C. expeditiously, preferably within a
                                    period of six weeks from the date of production of a certified copy of this order after
                                    ensuring service upon all the opposite parties, giving opportunity of hearing to the
                                    parties concerned and without granting unnecessary adjournments to either of the
                                    parties provided that there is no other legal impediment

                                    March 18, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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