Allahabad High Court
SHARAD JI SHUKLAversusVIJAY KUMAR TRIPATHI AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Additional Civil Judge to decide the interim injunction application within eight months and to avoid unnecessary adjournments.
Summary
The petitioners, Sharad Ji Shukla and others, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division)‑II, Basti, to decide an interim injunction application filed in Original Suit No. 47 of 2020. The petition alleged that the lower court was causing undue delay and requested the High Court to intervene. The Court noted that the sole relief sought was a supervisory direction for expeditious disposal and that keeping the writ petition pending would serve no useful purpose. Accordingly, the Court disposed of the writ petition, directing the Additional Civil Judge to decide the interim injunction application preferably within eight months and to avoid unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents, and the petition was dismissed with the specified direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227 of the Constitution, direct a lower civil court to decide a pending interim injunction application expeditiously
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- interim injunction
- expeditious disposal
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6211 of 2026
Sharad Ji Shukla
.....Petitioner(s)
Versus
Vijay Kumar Tripathi And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Pathak, Utkarsh Srivastava
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 Additional Civil Judge (Senior Division)-II, Basti to decide the interim
injunction application (paper no.6C2) filed in Original Suit No.47 of 2020,
Sharad Ji Shukla & others (plaintiffs) Vs. Vijay Kumar Tripathi others &
(defendants), expeditiously pending before him, within stipulated period.
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 Additional Civil Judge (Senior Division)-II, Basti to decide the interim
injunction application (paper no.6C2) filed in Original Suit No.47 of 2020,
Sharad Ji Shukla & others (plaintiffs) Vs. Vijay Kumar Tripathi others &
(defendants), expeditiously, preferably within eight months, strictly in
accordance with law, without granting any unnecessary adjournments,
subject to legal impediment.
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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