Allahabad High Court

GHANSHYAM PATEL AND 2 OTHERSversusROHIT AGRAWAL AND 2 OTHERS

Decided: 19 April 2026
Bench: KSHITIJ SHAILENDRA

Holding

The High Court held that it may direct the trial court to dispose of a pending injunction application expeditiously when there is an inordinate delay.

Summary

The petitioners, Ghanshyam Patel and two others, filed a prayer for the expeditious disposal of an injunction application (6-C in O.S. 326 of 2023) that had been pending for three years before the trial court. They highlighted that objections were filed on 08.12.2023 but the trial court failed to record the pendency on the order sheet, causing undue delay. The petitioners sought the High Court's intervention under Article 227 of the Constitution to compel the trial court to hear and decide the injunction application. The High Court, noting the three‑year delay, directed the trial court to take up the pending injunction application and decide it on its merits by 15 July 2026, subject to filing a certified copy of the order within ten days. The petition was consequently disposed with the directive for timely disposal of the pending application.

Issues considered

Whether the High Court can, under Article 227, direct a lower court to dispose of a pending injunction application within a specified time frame due to undue delay.

Subjects

Article 227
Injunction
Expeditious disposal
Trial court delay
High Court direction

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5121 of 2026

                                    Ghanshyam Patel And 2 Others
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    Rohit Agrawal And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)       : Prashant Vardhan,      Sharad     Kumar,
                                                                      Vivek Singh Yadav
                                    Counsel for Respondent(s)       :

                                    Court No. - 5
                                                       HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. Prayer for expeditious disposal of application 6-C in O.S. 326 of 2023
                                    (Ghanshyam Patel and others Vs. Rohit Agrawal and others) has been
                                    made in this petition.

                                    2. Learned counsel for the petitioners submits that the said application is
                                    pending for the last three years and objections have been filed on
                                    08.12.2023 but the trial court is not even indicating the pendency of the
                                    application on the order sheet.

                                    3. Considering three years pendency of the injunction application, the
                                    petition is disposed of directing the court concerned to take up the
                                    aforesaid injunction application and decide the same on its own merits on
                                    or before 15.07.2026, provided a certified copy of this order is filed
                                    within a period of ten days from today.



                                                                                       (Kshitij Shailendra,J.)
                                    April 20, 2026
                                    AKShukla/-




Digitally signed by :-
ANIL KUMAR SHUKLA
High Court of Judicature at Allahabad

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