Allahabad High Court
VINAY KUMAR GOSWAMI AND 4 OTHERSversusVINOD KUMAR GOSWAMI AND 8 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is disposed of with a direction to the Additional Civil Judge to decide the temporary injunction application within eight months, without unnecessary adjournments.
Summary
The petitioners sought a writ directing the Additional Civil Judge (Junior Division), Court No.5, Mathura, to decide Application 6‑C for a temporary injunction in Original Suit No.228 of 2012 expeditiously, preferably within eight months. The High Court noted that the suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, issuing a direction to the trial court to decide the injunction application without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents. The order aims to ensure speedy resolution of the pending civil matter. The petition was therefore dismissed with the specified direction.
Issues considered
- Whether the High Court should issue a direction under Article 227 to the trial court to decide a pending application for temporary injunction expeditiously.
Subjects
- Article 227
- writ petition
- temporary injunction
- expeditious disposal
- civil procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6824 of 2026
Vinay Kumar Goswami And 4 Others
.....Petitioner(s)
Versus
Vinod Kumar Goswami And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Mishra, Ashish Kumar Goyal
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 is for a direction to
the Additional Civil Judge (Junior Division), Court No. 5, Mathura to decide
Application 6-C (for Temporary Injunction) in Original Suit No. 228 of 2012
(Vinay Kumar Goswami v. Vinod Kumar Goswami and Others)
expeditiously, within a fixed time period as 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 Additional Civil Judge (Junior Division), Court No. 5, Mathura to
decide Application 6-C (for Temporary Injunction) in Original Suit No. 228
of 2012 (Vinay Kumar Goswami v. Vinod Kumar Goswami and Others),
expeditiously, preferably within eight months, strictly in accordance with
law, without granting any unnecessary adjournments, subject to legal
impediment.
May 18, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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