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Allahabad High Court

SMT NAYAN YADAV @ NAYANTARAversusJAI NARAYAN YADAV AND 4 OTHERS

Decided

Holding

The writ petition is disposed with a direction to the Civil Judge Junior Division, West Ballia, to decide the pending suit and injunction application within eight months.

Summary

Smt Nayan Yadav filed a writ petition under Article 227 seeking a direction to the Civil Judge Junior Division, West Ballia, to decide Original Suit No. 423 of 2024 and an accompanying application for a temporary injunction, both pending since 29 March 2024. The petitioner contended that the delay was prejudicial and prayed for an expeditious decision. The High Court observed that maintaining the writ petition while the original suit remained unresolved served no useful purpose. Accordingly, the Court disposed of the writ petition and directed the lower court to decide the suit and the injunction application within eight months, provided no other legal impediment arises. The order was pronounced on 5 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court should issue a direction under Article 227 for the lower court to decide a pending suit and an application for temporary injunction within a specified time‑frame?

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • civil procedure
  • direction to lower court
  • expeditious disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 6224 of 2026

                                    Smt Nayan Yadav @ Nayantara
                                                                                                      .....Petitioner(s)
                                                                        Versus
                                    Jai Narayan Yadav And 4 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)              :     Awadesh Tiwari, Gunjan Tiwari
                                    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 for a direction to
                                    the learned court of Civil Judge Junior Division West Ballia District Ballia
                                    to Decide Origianl Suit No. 423 of 2024 i.e. Nayan Yadav @ Nayantara Vs.
                                    Jay Narain and others, and the application 6(C)2 in original Suit No.423 of
                                    2024 i.e. Nayan Yadav @ Nayantara Vs. Jay Narain and Others, pending
                                    since 29.03.2024 for temporary injunction.

                                    4. Learned counsel prayed that the said application 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 learned court of Civil Judge Junior Division West Ballia District
                                    Ballia to Decide Origianl Suit No. 423 of 2024 i.e. Nayan Yadav @
                                    Nayantara Vs. Jay Narain and others, and the application 6(C)2 in original
                                    Suit No.423 of 2024, pending since 29.03.2024 for temporary injunction, in
                                    accordance with law, within a period of eight months provided there is no
                                    other legal impediment.

                                    May 5, 2026
                                    Rajesh
                                                                                              (Vikas Budhwar,J.)




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

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