Allahabad High Court

KAMLESH SINGH AND 4 OTHERSversusSANJIV KUMAR SINGH AND 16 OTHERS

Decided: 5 May 2026
Bench: VIKAS BUDHWAR

Holding

The court held that the writ petition seeking a status‑quo order is unnecessary while the underlying suit is pending and therefore dismissed the petition.

Summary

The petitioners filed a writ petition under Article 227 seeking a status‑quo order on three plots pending O.S. No. 752 of 2026, a civil suit before the Additional Civil Judge, Varanasi. The petition also mentioned a pending application under Section 6C for a temporary injunction under Order 39 Rule 1 and 2 of the CPC. The court observed that since the underlying suit is still pending, granting a status‑quo order would serve no useful purpose. Consequently, the writ petition was disposed of without any order. The court directed that the pending injunction application be decided expeditiously, without unnecessary adjournments, provided no other legal impediment exists.

Issues considered

Whether a status‑quo order should be granted in a writ petition when the substantive civil suit concerning the same property is pending.
Whether the writ petition should be entertained or dismissed in view of the pending suit and pending injunction application.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 39 Rule 1, Order 39 Rule 2
Specific Relief Act, 1963 — s. 6C

Subjects

Article 227
status quo
temporary injunction
Specific Relief Act
Civil Procedure Code
expeditious disposal
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 6288 of 2026

Kamlesh Singh And 4 Others
.....Petitioner(s)
Versus
Sanjiv Kumar Singh And 16 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashutosh Ganguli, Pranab Kumar
Ganguli
Counsel for Respondent(s) :

Court No. - 5
HON'BLE VIKAS BUDHWAR, J.

1. Heard.

2. The solitary relief claimed in the present writ petition for a direction to
the defendants to maintain status quo on the Plot No. 50, 57 and 41 during
the pendency of the O.S. No. 752 of 2026 (Kamlesh Singh and others vs.
Sanjeev Kumar Singh and others) pending in the Court of Additional Civil
Judge (J.D.) Court No. 6 Varanasi.

3. Learned counsel prayed that the said suit may be decided, expeditiously.

4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.

5. In view of the above, this writ petition stands disposed of. In the opinion
of the Court, an application under Section 6C for temporary injunction under
Order 39 Rule 1 and 2 is pending then the same shall be decided in
accordance with law, expeditiously without granting unnecessary
adjournment, provided there is no other legal impediment.
May 6, 2026
Rajesh
(Vikas Budhwar,J.)

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

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