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Allahabad High Court

ANIL KUMARversusMAHENDRA PRASAD AND 4 OTHERS

Decided

Holding

The High Court directed the Civil Judge (Junior Division), Shahar, Jaunpur to decide the pending 6‑C interim injunction application within twelve weeks, thereby disposing of the writ petition.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Shahar, Jaunpur to decide a pending interim injunction application (6‑C) filed in original suit No. 523/2024. The petitioner argued that the 6‑C application, filed in 2024 under Order XXXIX Rule 1 of the CPC, had remained undecided despite multiple dates being fixed. The High Court examined the petition and found that the delay served no useful purpose. Consequently, the Court disposed of the writ petition and issued a directive to the civil judge to decide the 6‑C application expeditiously, preferably within twelve weeks of the certified copy of the order, after proper service and hearing, without unnecessary adjournments. The order was signed on 19 March 2026 by Justice Manish Kumar Nigam.

Issues considered

  • Whether the High Court can issue a mandatory direction to a subordinate civil judge to decide a pending 6‑C interim injunction application within a specified time frame
  • Whether the writ petition under Article 227 is maintainable for the purpose of expediting the pending application

Subjects

  • Article 227
  • Writ petition
  • Interim injunction
  • Order XXXIX Rule 1
  • CPC
  • 6-C application
  • Expeditious disposal
  • Civil Judge

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3446 of 2026

                                    Anil Kumar
                                                                                                            .....Petitioner(s)
                                                                              Versus
                                    Mahendra Prasad And 4 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                              :    Manoj Kumar Singh
                                    Counsel for Respondent(s)                              :

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

                                    1. Heard learned counsel for the petitioner and perused the record.

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

                                    " I. Issue an order or direction, civil judge (junior division) shahar Jaunpur to decide
                                    the 6-C application in original suit no. 523/2024 (Anil Vs Mahendra) some
                                    specific/earlist time period."

                                    3. Contention of the learned counsel for the petitioner is that an application for
                                    interim injunction under Order XXXIX Rule 1 of C.P.C. (6C Application) is pending
                                    since 2024 and the same has not been decided despite several dates have been fixed.
                                    He prayed that the same may be decided, expeditiously.

                                    4. In view of above, no useful purpose would be served in keeping this petition
                                    pending.

                                    5. Accordingly, the present petition stands disposed of finally with a direction to the
                                    Civil Judge (Junior Division) Shahar, Jaunpur to consider and decide the
                                    aforementioned interim injunction application (6C Application), in accordance with
                                    law, expeditiously, preferably within a period of twelve 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 19, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




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

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