Allahabad High Court

PRAMOD KUMARversusBHEESHM AND 5 OTHERS

Decided: 19 April 2026
Bench: KSHITIJ SHAILENDRA

Holding

The Court held that there was no case for expeditious disposal and disposed of the petition with directions to file an appropriate application before the trial court.

Summary

The petitioner, Pramod Kumar, filed an application (6-C) seeking expeditious disposal after only one date was fixed post‑institution of the suit. The petitioner also noted that objections to the injunction application had not been filed despite the filing of a written statement. The Court examined whether there was a sufficient case for speedy disposal and found none. Consequently, the petition was disposed, but the Court directed the petitioner to file an appropriate application before the trial court to ensure objections to the injunction are recorded within a month. The Court further allowed the petitioner to approach the High Court again with a fresh petition if the defendants' tactics cause further delay in adjudicating the injunction.

Issues considered

Whether the petitioner is entitled to expeditious disposal of application 6‑C.
Whether objections to the injunction application can be filed at this stage.

Subjects

injunction
expeditious disposal
procedural law
Article 227
High Court

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5123 of 2026

                                    Pramod Kumar
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    Bheeshm And 5 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Sumit Shukla, Suresh Chandra Shukla
                                    Counsel for Respondent(s)        :

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

                                    1. The petitioner has hurriedly rushed to this Court seeking expeditious
                                    disposal of the application 6-C as only one date has been fixed after the
                                    suit was instituted. Further, even objections against the injunction
                                    application appear not to have been filed though written statement has
                                    been filed.

                                    2. Considering the above situation, no case for expeditious disposal of the
                                    aforesaid application stands made out. However, the petition is disposed
                                    of permitting the petitioner to move an appropriate application before the
                                    trial court so that objections against the injunction application are
                                    positively received on file within next one month.

                                    3. In case adjudication of injunction application is delayed on account of
                                    tactics adopted by the defendants, the petitioner shall be at liberty to file a
                                    fresh petition before this Court.



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




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

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