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Allahabad High Court

VISHWANATHversusRAMOO AND 5 OTHERS

Decided

Holding

The High Court directed the Civil Judge to decide the pending 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) of Baberu, District Banda, to decide a pending interim injunction application filed on 13 November 2024 in Original Suit No. 163/2024. The petitioner argued that despite several dates being fixed, the application under Order 39 Rule 1 of the CPC remained undecided, causing undue delay. The Court examined the petition and found that the writ petition had no further purpose once the direction could be given. Consequently, the Court disposed of the petition and directed the lower court to decide the injunction application within twelve weeks of receiving a certified copy of the order, ensuring service and hearing, and to avoid unnecessary adjournments. The order aims to expedite the pending application without further legal impediments.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a mandatory time-bound direction to a subordinate civil court to decide a pending interim injunction application under Order 39 of the CPC.

Legislation cited

Subjects

  • interim injunction
  • Article 227
  • supervisory jurisdiction
  • Civil Procedure Code
  • court directions
  • adjournments

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3478 of 2026

                                    Vishwanath
                                                                                                            .....Petitioner(s)
                                                                              Versus
                                    Ramoo And 5 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                           :     Chandra Shekhar Garg
                                    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 suitable order or direction upon the learned Civil Judge (Junior
                                    Division), Baberu, District Banda to decide the plaintiff-petitioner's pending interim
                                    injunction Application dated 13.11.2024 (Paper no.6C-2) under Order-39 Rules-1 & 2
                                    C.P.C. filed in Original Suit no.163/2024 (Vishwanath Vs. Ramoo & Ors.), within a
                                    stipulated time-frame to be fixed 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-2 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), Baberu, District Banda to consider and decide the
                                    aforementioned interim injunction application (6C-2 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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