Allahabad High Court
SHYAMU YADAVversusPREM AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court directed the Civil Judge, Chandauli, to decide the pending 6C interim injunction application within twelve weeks and disposed of the writ petition.
Summary
The petitioner, Shyamu Yadav, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Chandauli, to decide a pending interim injunction application (6C) filed in Original Suit No. 209 of 2023. The petitioner argued that despite several dates being fixed, the 6C application under Order XXXIX Rule 1 of the CPC had not been decided since 2023. The High Court found that the petition served no useful purpose if left pending and therefore disposed of it. The Court directed the lower court to decide the 6C application expeditiously, preferably within twelve weeks of the order, after serving all parties and without unnecessary adjournments. The order was signed by the presiding judge, Manish Kumar Nigam.
Issues considered
- Whether a High Court can issue a mandatory direction to a subordinate civil court to decide a pending interim injunction application within a specified time frame under Article 227.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1
- Constitution of India — s. Article 227
Subjects
- Article 227
- interim injunction
- 6C application
- Civil Procedure Code
- Order XXXIX Rule 1
- expeditious disposal
- writ petition
- civil court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3475 of 2026
Shyamu Yadav
.....Petitioner(s)
Versus
Prem And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prashant 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. Issue a order or direction to the court of Civil Judge(Junior Division), Chandauli
to decide temporary injunction application paper no. 6 C filed in Original Suit No.
209 of 2023 (Shyamu Yadav Versus Prem and others) pending before him within
stipulated period of time as fixed by this Hon'ble High 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 2023 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), Chandauli 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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