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Allahabad High Court

LALU SONKAR @ ANILversusSMT. MEENA SONKAR

Decided

Holding

The High Court directed the Civil Judge (Junior Division) City Varanasi to decide the temporary injunction application within eight months, thereby disposing of the writ petition.

Summary

The petitioner, Lalu Sonkar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Varanasi to decide a temporary injunction application filed by the respondent, Meena Sonkar, in suit O.S. 2880 of 2024. The petitioner argued that the injunction application, dated 13 November 2024, was pending and required expeditious disposal. The Court noted that keeping the writ petition pending served no useful purpose while the underlying suit was still pending. Consequently, the Court disposed of the writ petition, directing the lower court to decide the injunction application within eight months of receiving the certified copy of the order, without unnecessary adjournments, subject to any legal impediment. The order was signed by Justice Vikas Budhwar on 7 May 2026.

Issues considered

  • What authority does a High Court have under Article 227 to direct a subordinate civil court to decide a pending injunction application expeditiously?

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • expeditious disposal
  • civil court direction
  • High Court of Allahabad

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6399 of 2026

                                    Lalu Sonkar @ Anil
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Smt. Meena Sonkar
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Dinesh Kumar Singh
                                    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 (Junior Division) City Varanasi to expeditiously
                                    decide the temporary injunction application 6Ga dated 13.11.2024 in O.S.
                                    2880 of 2024 (Meena Sonkar Vs. Lalu Sonkar), 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 (Junior Division) City Varanasi to expeditiously decide
                                    the temporary injunction application 6Ga dated 13.11.2024 in O.S. 2880 of
                                    2024 (Meena Sonkar Vs. Lalu Sonkar), 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 7, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




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

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