Allahabad High Court
PAWAN KUMARversusASHOK AND 6 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Civil Judge to decide the objection expeditiously within one year, without granting unnecessary adjournments.
Summary
Pawan Kumar filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) Court No.18, Deoria, to decide an objection he raised on 06.03.2026 against an interim injunction granted under Order 39 Rule 1 of the CPC and an ex‑parte order dated 31.01.2026 in Civil Suit No.39 of 2026. The petitioner argued that the suit should be decided expeditiously. The High Court observed that since the suit was already pending, the writ petition served no useful purpose and could be disposed of. Consequently, the Court disposed of the petition, directing the Civil Judge to decide the objection within one year of receiving the certified copy of the order, without unnecessary adjournments, subject to any legal impediment. The order was pronounced on 7 May 2026.
Issues considered
- What is the appropriate remedy for a party seeking a direction to a lower court to decide an objection to an interim injunction under Order 39 Rule 1 CPC?
- Does the High Court have jurisdiction under Article 227 to direct the lower court in the manner sought?
- Whether the writ petition is maintainable when the substantive suit is already pending?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1
Subjects
- Article 227
- Writ petition
- Interim injunction
- Order 39 CPC
- Civil Suit
- Jurisdiction
- Expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6402 of 2026
Pawan Kumar
.....Petitioner(s)
Versus
Ashok And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hemant Kumar Dubey
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 learned Civil Judge (Senior Division) Court No.18,
Deoria to decide the objection filed by defendant-petitioner on 06.03.2026
against the interim injunction application under Order 39 Rule 1 C.P.C.
and ex-parte order dated 31.01.2026 in Civil Suit No.39 of 2026 (Ashok
and 3 others Versus Pawan and 3 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) Court No.18, Deoria
to decide the objection filed by defendant-petitioner on 06.03.2026
against the interim injunction application under Order 39 Rule 1 C.P.C.
and ex-parte order dated 31.01.2026 in Civil Suit No.39 of 2026 (Ashok
and 3 others Versus Pawan and 3 Others), 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 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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