Allahabad High Court
SMT. MEENAversusSMT. KAUSHIDA AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the subordinate court to decide the pending 6C application within twelve weeks.
Summary
The petitioner, Smt. Meena, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Kairana, District Shamli, to decide a pending interim injunction application (6C application under Order XXXIX Rule 1 of the CPC) that had been pending since 2025. The petitioner argued that despite several dates being fixed, the application remained undecided, causing prejudice. The High Court examined the petition and found that the purpose of the writ would be served by directing the lower court to decide the application promptly. Consequently, the Court disposed of the writ petition and ordered the Civil Judge to decide the 6C application within twelve weeks of the certified copy of the order, ensuring service and hearing, and to avoid unnecessary adjournments. The order was signed by Justice Manish Kumar Nigam on 19 March 2026.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate court to decide a pending 6C application for interim injunction expeditiously.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1
Subjects
- Article 227
- writ petition
- interim injunction
- 6C application
- Civil Procedure Code
- expeditious disposal
- subordinate court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3467 of 2026
Smt. Meena
.....Petitioner(s)
Versus
Smt. Kaushida And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prashant Ji Pandey
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) Direct the learned court to decide the 6c application filed by plaintiff/petitioner as
well as Civil Suit No. 65 of 2025 (Smt. Meena Vs. Smt. Kaushida & others), pending
in the court of learned Civil Judge (Junior Division) Kairana District Shamli
expeditiously within stipulated time prescribed by this Hon'ble Court."
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 2025 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) Kairana District Shamli 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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