Allahabad High Court
WAKEEL AHMAD AND ANOTHERversusAZHAR ALI
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court disposed of the writ petition and directed the civil judge to decide the pending 6‑C interim injunction application within twelve weeks, without granting unnecessary adjournments.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction for the Civil Judge, Second Hapur, to decide a pending 6‑C interim injunction application in Civil Suit No. 181 of 2023 and to restrain the respondent from interfering with their peaceful possession of the land. The petitioners argued that the 6‑C application, filed under Order XXXIX Rule 1 of the CPC, had remained undecided despite several dates being fixed. The High Court observed that the petition served no further purpose and ordered its final disposal. However, the Court directed the civil judge to decide the 6‑C application expeditiously, preferably within twelve weeks of the certified copy of the order, ensuring service and hearing to all parties and prohibiting unnecessary adjournments. The order also implicitly restrains the respondent from interfering with possession during the pendency of the suit.
Issues considered
- Whether the High Court can direct a lower court to decide a pending interim injunction application under Order XXXIX Rule 1 of the CPC.
- Whether the High Court can issue a direction restraining the respondent from interfering with the petitioners' peaceful possession during the pendency of the suit.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1
Subjects
- Article 227
- Writ Petition
- Interim Injunction
- 6-C Application
- Civil Procedure Code
- Order XXXIX Rule 1
- Expeditious Disposal
- Possession
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3484 of 2026
Wakeel Ahmad And Another
.....Petitioner(s)
Versus
Azhar Ali
.....Respondent(s)
Counsel for Petitioner(s) : Bhole Ram
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners and perused the record.
2. The instant writ petition has been filed for following relief:
" I. Issue an order or direction to court to decide the 6-C Application in Civil Suit No.
181 of 2023 (WakeelAhmad and another Vs. Azhar Ali) pending in the court of Civil
Judge (S.D.) Second Hapur.
II. Issue an order or direction to the respondent not to interfere in peacefull
possession of the petitioners over the land in question during pendency of the suit."
3. Contention of the learned counsel for the petitioners 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 (S.D.) Second Hapur 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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