Allahabad High Court
ATUL SHARMA AND 2 OTHERSversusMR. MANOJ AHUJA AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed, directing the lower court to hear and decide the suit expeditiously and to allocate a case number if not already allotted.
Summary
The petitioners filed a writ petition seeking a direction that the lower court hear and decide a pending injunction suit (Misc. Case No. Nil of 2019) filed under Section 1992 of the CPC, alleging that no case number had been allotted. The High Court examined the petition and, noting the absence of a case number, ordered that the lower court proceed with the suit expeditiously according to the roster and allocate a case number if it has not yet been done. The court therefore disposed of the writ petition by directing the subordinate court to hear and decide the suit. No further relief was granted. The order was signed by Justice Vikas Budhwar.
Issues considered
- Whether the High Court should direct the subordinate court to hear and decide the pending injunction suit under Section 1992 CPC.
- Whether the subordinate court must allocate a case number to the suit if none has been assigned.
Legislation cited
- Code of Civil Procedure — s. 1992
Subjects
- writ petition
- Section 1992 CPC
- injunction suit
- case number allocation
- expeditious hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6421 of 2026
Atul Sharma And 2 Others
.....Petitioner(s)
Versus
Mr. Manoj Ahuja And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aviral Agarwal, Ishir Sripat
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Ishir Sripat, learned counsel for the plaintiff-petitioners.
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 is for a direction to
hear and decide the Misc. Case No. Nil of 2019 under Section 1992 of CPC,
Atul Sharma vs. Manoj Ahuja for according of leave for injunction suit,
which is pending. While inviting attention towards page-52 it is contended
that the case number has not been allotted till date.
4. Bearing in mind, the writ petition stands disposed of requiring the court
below to hear and decide the said suit, expeditiously, as per roster and in
case, number is not allotted to the said suit, the same be allocated.
May 7, 2026
N.S.Rathour
.(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
Checking your session…