Allahabad High Court
RAJESHversusRAJENDRA AND 23 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Additional Civil Judge to decide the pending 6‑C application for temporary injunction within eight months and disposed of the writ petition.
Summary
The petitioner Rajesh filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division)‑5th, Mathura, to decide a pending application for a temporary injunction (6‑C application) filed under Order 39 Rules 1 & 2 CPC in Original Suit No. 1455/2024. The petition argued that the application, pending since 20 September 2024, should be decided expeditiously. The High Court observed that keeping the writ petition pending served no useful purpose while the underlying application remained unresolved. Consequently, the Court disposed of the writ petition and directed the lower court to decide the 6‑C application within eight months, subject to the absence of any other legal impediment. No notice was issued to the respondents.
Issues considered
- Whether the High Court may issue a direction to the Additional Civil Judge to decide the pending application for temporary injunction under Order 39 Rules 1 & 2 CPC within a specified period.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rules 1 & 2
Subjects
- writ petition
- Article 227
- temporary injunction
- Order 39
- Civil Procedure Code
- interim relief
- case management
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6240 of 2026
Rajesh
.....Petitioner(s)
Versus
Rajendra And 23 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amrit Shanker Dubey
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 Additional Civil Judge (Junior Division)-5th Mathura to decide the
application under Order 39 Rules 1 & 2 CPC (6-C application) for temporary
injunction in Original Suit No. 1455/2024 (Rajesh versus Rajendra and
others), which has been pending since 20.09.2024.
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 Additional Civil Judge (Junior Division)-5th Mathura to
decide the application under Order 39 Rules 1 & 2 CPC (6-C application) for
temporary injunction in Original Suit No. 1455/2024 (Rajesh versus
Rajendra and others), which has been pending since 20.09.2024, 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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