Allahabad High Court
MOTI LAL SAROJversusSTATE OF U.P. AND 16 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge to decide the interim injunction application within eight months and disposed of the writ petition.
Summary
The petitioner, Moti Lal Saroj, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)/FTC, Varanasi, to decide the Interim Injunction Application 6‑C in Civil Suit No. 740 of 2025 within a reasonable time. The petition alleged that the suit was pending and that the lower court was causing undue delay. The High Court noted that the suit was indeed pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, but issued a specific direction that the Civil Judge must decide the interim injunction application expeditiously, within eight months of receipt of the certified copy of the order, and not grant unnecessary adjournments. The order was pronounced by Justice Vikas Budhwar on 6 May 2026.
Issues considered
- Whether the High Court can issue a mandatory time‑bound direction to a subordinate civil court to decide an interim injunction application pending in a suit.
- Whether the writ petition should be dismissed on the ground that the suit is already pending and the petition serves no useful purpose.
Subjects
- Article 227
- writ petition
- interim injunction
- civil suit
- court direction
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6346 of 2026
Moti Lal Saroj
.....Petitioner(s)
Versus
State Of U.P. And 16 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar, Sushil Kumar Yadav
Counsel for Respondent(s) : C.S.C.
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 (Senior Division)/FTC, Varanasi to
decide the Interim Injunction Application 6-C in Civil Suit No. 740 of 2025
(Moti Lal Saroj vs. Ramchandra & 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 (Senior Division)/FTC, Varanasi to decide the
Interim Injunction Application 6-C in Civil Suit No. 740 of 2025 (Moti Lal
Saroj vs. Ramchandra & 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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