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Allahabad High Court

NOORUDDINversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Senior Division), Varanasi, to decide the interim injunction application expeditiously within eight months, without unnecessary adjournments.

Summary

The petitioner, Nooruddin, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Varanasi, to decide an interim injunction application (6-C) in Original Suit No. 1426 of 2024 within a stipulated period. The petitioner argued that the pending application required expeditious disposal. The High Court noted that keeping the writ petition pending would serve no useful purpose while the interim injunction application remained unresolved. Consequently, the Court disposed of the writ petition and directed the civil judge to decide the interim injunction application within eight months, without unnecessary adjournments, subject to any legal impediment. The order was pronounced on May 7, 2026, by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can issue a mandatory direction to a lower civil court to decide an interim injunction application within a specific time frame
  • Whether the writ petition should be dismissed on the ground that the relief sought can be achieved by directing the lower court

Subjects

  • Article 227
  • writ petition
  • interim injunction
  • civil court direction
  • expeditious disposal
  • adjournment

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6420 of 2026

                                    Nooruddin
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 6 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 relief claimed in the present writ petition is for a direction to the Civil
                                    Judge (Senior Division), Varanasi to decide the Interim Injunction
                                    Application 6-C in Original Suit No. 1426 of 2024, (Nooruddin Vs. Keshari
                                    Bano and Others) within the stipulated period as may be directed by this
                                    Hon'ble Court and till disposal of the said Suit.

                                    4. Learned counsel prayed that the said application may be decided,
                                    expeditiously.

                                    5. Since the above-mentioned application 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), Varanasi to decide the Interim
                                    Injunction Application 6-C in Original Suit No. 1426 of 2024, (Nooruddin
                                    Vs. Keshari Bano and Others), expeditiously, preferably within eight
                                    months, strictly in accordance with law, without granting any unnecessary
                                    adjournments, subject to legal impediment.

                                    May 7, 2026
                                    N.S.Rathour

                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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