Allahabad High Court
SMT. PREM KUMARI SINGHversusVIJAY BAHADUR AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court held that the petition is to be disposed of, directing the trial court to decide the pending application expeditiously and maintain the status quo.
Summary
The petitioner filed a suit seeking an injunction to stop respondents from constructing a road over her private property. Although the trial court had not granted an injunction, a commissioner order dated 24.03.2022 prohibited construction. Respondents began construction on 07.03.2026, leading the petitioner to file an application on 09.03.2026 in the trial court and subsequently approach the High Court under Article 227 for interim relief. The High Court observed that the application is already pending before the trial court and that the petition serves no useful purpose. It directed the lower court to decide the application expeditiously within four weeks, maintain the status quo, and warned against unnecessary adjournments. Accordingly, the petition was disposed of.
Issues considered
- What interim relief, if any, should be granted when an application for injunction is pending before the trial court?
- Whether the High Court should entertain a supervisory petition under Article 227 when the matter is already before the lower court?
Subjects
- Article 227
- supervisory jurisdiction
- injunction
- status quo
- interim order
- civil suit
- construction
- private property
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3382 of 2026
Smt. Prem Kumari Singh
.....Petitioner(s)
Versus
Vijay Bahadur And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Birendra Kumar, Himanshu Dubey, Sr.
Advocate
Counsel for Respondent(s) : Achal Singh, C.S.C.
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Sri Ashish Kumar Singh, learned Senior Advocate assisted by
Sri Himanshu Dubey, learned counsel for the petitioner and learned
Standing Counsel for the State-respondents
2. Contention of learned counsel for the petitioner is that in a suit
instituted by the plaintiff-petitioner, initially an injunction was not granted
by the trial court, but in the meantime, Commissioner, Chitrakoot Dham,
Mandal Chitrakoot passed an order dated 24.03.2022 that the respondents
may not construct Rasta or Nali over the private property of the plaintiff-
petitioner. It has been submitted by learned counsel for the petitioner that
on 07.03.2026, the respondents started raising construction over the
private property of the petitioner. The petitioner immediately approached
the court below where the suit is pending by means of an application
dated 09.03.2026, bringing to the knowledge of the court regarding the
facts. On the application so filed by the petitioner, the court below has
directed the same to be put up on the date fixed without passing any
order. It has also been submitted by counsel for the petitioner that
opposite parties have appeared before the court below, pleadings have
been exchanged, and issues have also been framed.
3. Since the application dated 09.03.2026 is already pending consideration
before the court below, no useful purpose would be served in keeping this
petition pending.
4. The court below is directed to consider and decide the application dated
A227 No. 3382 of 2026
2
09.03.2026 expeditiously, preferably within a period of four weeks from
the date of production of certified copy of this order, after hearing all the
parties concerned, provided there is no legal impediment.
5. Till the disposal of the application dated 09.03.2026, parties are
directed to maintain status quo.
6. It is made clear that petitioner will not seek any undue adjournment to
linger on the disposal of the application and in case, the petitioner seeks
unnecessary adjournment, the interim order granted by this Court shall
stand automatically vacated.
7. Accordingly, the petition stands disposed of.
(Manish Kumar Nigam,J.)
March 18, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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