Allahabad High Court
RAJ KUMARversusMAHENDRA YADAV AND 7 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court declined to issue any positive direction and disposed of the writ petition, leaving the matter to the lower court's presiding officer.
Summary
The petitioner Raj Kumar filed a writ petition under Article 227 seeking a direction for the lower court to decide a pending temporary injunction application in Original Suit No. 228 of 2025. The High Court had earlier disposed of a similar petition (Bare Lal & Ors. v. Mahendra Yadav) by directing the Civil Judge (Junior Division), Jaunpur, to decide the injunction within two months, without adjudicating on merits. The present petition was filed again to obtain a decision on the same original suit. The Court observed that the suit pertains to the year 2025 and that it could not issue any positive direction. It held that the matter should be decided by the presiding officer of the lower court as per the existing roster, and consequently dismissed the writ petition.
Issues considered
- Whether the High Court can issue a positive direction to a lower court to decide a pending temporary injunction application under Article 227.
- Whether the High Court can intervene in a suit filed in the previous year (2025) by directing its disposal.
Subjects
- Article 227
- writ petition
- temporary injunction
- original suit
- jurisdiction
- High Court
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6197 of 2026
Raj Kumar
.....Petitioner(s)
Versus
Mahendra Yadav And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Pathak, Shikhar Pratap Singh,
Vikas Srivastava
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. The plaintiff-petitioner herein had earlier approached this Court while
filing Matters under Article 227 No.5131 of 2025, Bare Lal and 2 others vs.
Mahendra Yadav, in which following orders were passed:-
"This writ petition has been filed seeking a direction upon the Court below to decide
6-C application for grant of temporary injunction filed in Original Suit No.228 of
2025 (Bare Lal & Ors. vs. Mahendra Yadav & Ors.), which is pending consideration.
As no useful purpose would be served in keeping the matter pending, the writ petition
is being disposed of, at the admission stage, without calling for counter affidavit or
issuing notice to private respondents, with a direction upon Civil Judge (Junior
Division), Jaunpur to decide the temporary injunction application (6-C) filed in
Original Suit No.228 of 2025 (Bare Lal & Ors. vs. Mahendra Yadav & Ors.), in
accordance with law, after hearing all affected parties, preferably within a period of
two months from the date of production of certified copy of this order.
With the aforesaid direction, present writ petition stands disposed of.
It is made clear that this Court has not adjudicated the case on merit."
3. Now, the present petition has been preferred to decide Original Suit
no.228 of 2025.
4. In the opinion of the Court, the suit is of the year 2025. No positive
direction can be issued.
5. It is for the Presiding Officer to decide the suit as per the roster so
maintained by it. Accordingly, the writ petition stands disposed of.
May 5, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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