Allahabad High Court
CHHATRAPAL SINGHversusRANJEET SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is dismissed, but the High Court directs the Additional Civil Judge to decide the pending 6‑C application expeditiously within one year.
Summary
The petitioner, Chhatrapal Singh, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division) II, Bareilly, to decide a 6‑C application filed under Order 39 Rule‑1 & 2 of the CPC in Original Suit No. 392 of 2023, and to restrain the respondent from executing a sale deed, constructing, or altering the land until the injunction application is disposed. The petition also requested that the lower court decide the application expeditiously. The High Court observed that the underlying suit was pending and that the petition served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Additional Civil Judge to decide the 6‑C application within one year without unnecessary adjournments, subject to legal impediments. No notice was issued to the respondent.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a lower court to decide a pending application under Order 39 Rule‑1 & 2 of the CPC and to restrain the respondent from dealing with the disputed land.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1, Order 39 Rule 2
- Constitution of India — s. Article 227
Subjects
- Article 227
- writ petition
- Civil Procedure Code
- Order 39
- temporary injunction
- expeditious disposal
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6358 of 2026
Chhatrapal Singh
.....Petitioner(s)
Versus
Ranjeet Singh
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar
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 present petition has been preferred seeking the following relief:-
"I. To, Issue an order direct the learned Additional Civil Judge (Senior Division) II,
Bareilly to decide the 6-C application under order 39 Rule-1 & 2 of C.P.C. dated
19.05.2023 filed in Original Suit No. 392 of 2023 (Chhatrapal Singh Versus Ranjeet
Singh) expeditiously as possible within stipulated period.
II. Restrain the respondent/defendant not execute sale deed, construction, not to
change the nature of the land in dispute and also not to interfere into the peaceful
possession of the petitioner/plaintiff till the disposal of the application for temporary
injunction filed under order 39 Rule-1 & 2 of C.P.C."
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 Additional Civil Judge (Senior Division) II, Bareilly to decide the 6-C
application under order 39 Rule-1 & 2 of C.P.C. dated 19.05.2023 filed in
Original Suit No. 392 of 2023 (Chhatrapal Singh Versus Ranjeet Singh),
expeditiously, preferably within one year, strictly in accordance with law,
A227 No. 6358 of 2026
2
without granting any unnecessary adjournments, subject to legal
impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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