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Allahabad High Court

MAYA DEVI AND ANOTHERversusGYANTI DEVI AND 2 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Senior Division) District‑Gorakhpur to decide the temporary injunction within one year, without granting unnecessary adjournments.

Summary

The petitioners Maya Devi and another filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Gorakhpur to decide temporary injunction Paper No. 7 in original suit No. 281/2025 (Gyanti Devi vs Maya Devi) within a stipulated time. The petition alleged that the suit was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition and issued a direction to the lower court to decide the injunction within one year of receiving the certified copy of the order, without unnecessary adjournments. The order was signed on May 6, 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether a High Court can issue a writ directing a lower civil court to decide a specific interim relief within a fixed time frame under Article 227.

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6312 of 2026

                                    Maya Devi And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Gyanti Devi And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Ashwani Kumar Pathak
                                    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 writ, order or
                                    direction to the Civil Judge ( Senior division) District-Gorakhpur to decide
                                    the temporary injunction Paper no. 7 in original suit no.281/2025 (Gyanti
                                    Devi Vs Maya Devi), 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 Civil Judge (Senior division) District-Gorakhpur to decide the
                                    temporary injunction Paper no. 7 in original suit no.281/2025 (Gyanti Devi
                                    Vs Maya Devi), in accordance with law, expeditiously, within a period of
                                    one year 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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