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Allahabad High Court

MAJADOON NISHA AND 2 OTHERSversusSHOBHNATH AND 16 OTHERS

Decided

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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