Allahabad High Court
MAJADOON NISHA AND 2 OTHERSversusSHOBHNATH AND 16 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Civil Judge (S.D.), Chandauli, to decide the interim injunction application expeditiously, preferably within eight months.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (S.D.), Chandauli, to decide a pending application for interim injunction (Paper No 6C dated 23.11.2023) in Suit No. 556 of 2023 within a short period. The petitioners argued that the suit needed expeditious disposal to protect their interests. The Court observed that the suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the trial court to decide the interim injunction application expeditiously, preferably within eight months, without unnecessary adjournments, subject to legal impediments. No further relief was granted.
Issues considered
- Whether the High Court should issue a direction to the trial court to decide the interim injunction application expeditiously under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- writ petition
- interim injunction
- expeditious disposal
- civil suit
- direction to trial court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5827 of 2026
Majadoon Nisha And 2 Others
.....Petitioner(s)
Versus
Shobhnath And 16 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Mishra, Rahul Mishra
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition is for a direction to
the Trial Court to decide the Paper No 6C Application Dated 23.11.2023 for
interim injunction in Suit No. 556 of 2023 (Majadoon Nisha Versus
Shobhnath and others) pending before Civil Judge (S.D.), Chandauli,
expeditiously preferably within a period of ten days, and to pass such other
and further order protecting the interest of the petitioner, so that justice may
be done.
4. Learned counsel prayed that the said suit may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Civil Judge (S.D.), Chandauli to decide the Paper No 6C Application
Dated 23.11.2023 for interim injunction in Suit No. 556 of 2023 (Majadoon
Nisha Versus Shobhnath and others), expeditiously, preferably within eight
months, strictly in accordance with law, without granting any unnecessary
adjournments, subject to legal impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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