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Allahabad High Court

NEELAM SINGHversusSHEBU AND 2 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge to decide the pending injunction application within eight months.

Summary

The petitioner, Neelam Singh, filed a writ petition under Article 227 seeking a direction to the learned Civil Judge, Garvi West Prayagraj, to expedite a permanent injunction application pending in suit No. 185 of 2024. The High Court noted that the suit itself was still pending and that issuing further notices to the respondents would be unnecessary. The Court held that keeping the writ petition pending served no useful purpose while the underlying suit remained unresolved. Consequently, the writ petition was disposed of, but the Court directed the Civil Judge to decide the injunction application within eight months of receiving the certified copy of the order, without unnecessary adjournments. The order was pronounced by Justice Vikas Budhwar on May 6, 2026.

Issues considered

  • What is the appropriate relief, if any, that the High Court can grant in a writ petition seeking direction to expedite a pending civil suit?
  • Whether the writ petition should be dismissed on the ground that the underlying suit is still pending.

Subjects

  • Article 227
  • writ petition
  • permanent injunction
  • expeditious disposal
  • civil suit
  • High Court direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6309 of 2026

                                    Neelam Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Shebu And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Bholeshwar, Ram Krishna Tripathi
                                    Counsel for Respondent(s)           :   Vijay Bahadur Maurya

                                    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 writ, order or
                                    direction to the learned Civil Judge (J.D.) Garvi West Prayagraj (Allahabad)
                                    to decide /expedite the 6C permanent injunction application is still pending
                                    before him in suit No. 185 of 2024 (Neelam Singh Vs. Sebu and others),
                                    pending before it within stipulated time, as may deem fit and proper by this
                                    Hon'ble Court.

                                    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 learned Civil Judge (J.D.) Garvi West Prayagraj (Allahabad) to decide
                                    /expedite the 6C permanent injunction application is still pending before him
                                    in suit No. 185 of 2024 (Neelam Singh Vs. Sebu and others), in accordance
                                    with law, expeditiously, within a period of eight months from the date of
                                    presentation of the certified copy of the order without granting unnecessary
                                    adjournments subject to legal impediment.

                                    May 6, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




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

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