Allahabad High Court
RAMVIRversusRAJENDRA KUMAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court held that the lower court must decide the pending application on the next date fixed and must not grant unnecessary adjournments.
Summary
The petitioner, Ramvir, challenged a lower‑court injunction order passed in an original suit filed by the respondents, Rajendra Kumar. The petitioner filed an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure seeking to set aside or modify the injunction, and subsequently filed a further application under Rule 4 on 21 April 2026, which remained pending. The petitioner’s counsel urged that the pending application be heard on the next scheduled date without unnecessary adjournments. The High Court, exercising its supervisory jurisdiction under Article 227, directed the subordinate court to decide the application on the next date fixed and, if not decided then, on subsequent dates, prohibiting frivolous postponements. Accordingly, the petition was disposed of with the directive to the lower court. The order was pronounced by Justice Vikas Budhwar on 18 May 2026.
Issues considered
- Whether the subordinate court should be directed to decide the pending injunction application without granting unnecessary adjournments.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1, Order XXXIX Rule 2, Order XXXIX Rule 4
Subjects
- injunction
- adjournment
- Article 227
- civil procedure
- order XXXIX
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6856 of 2026
Ramvir
.....Petitioner(s)
Versus
Rajendra Kumar
.....Respondent(s)
Counsel for Petitioner(s) : Kamal Krishna Roy, Prabal Pratap,
Satyendra Kumar Singh
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. The case of the defendant-petitioner is that an Original Suit No. 60 of
2026 came to be instituted by the plaintiff-respondents against the
defendant-petitioner along with an application under Order XXXIX, Rule 1
and 2 of CPC seeking injunction.
3. On 18.04.2026, Civil Judge (Junior Division) Mawana, Meerut proceeded
to pass an injunction order to which an application under Order XXXIX,
Rule 4 CPC came to be preferred by the defendant-petitioner dated
21.04.2026 which is pending.
4. Learned counsel for the defendant-petitioner confines his relief for
disposal of the Application on the next date fixed without granting
unnecessary adjournments.
5. Accordingly, the petition stands disposed of requiring the court below to
decide the said application on the next date fixed and, in case, it is not
decided on that date, then on subsequent dates without granting unnecessary
adjournments.
May 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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