Fatma Begam vs Balai — Writ and Judicial Review | Allahabad HC (2025)

Fatma Begam vs Balai — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court concerned to decide the 6-C (temporary injunction) application in Suit No. 644 of 2023 strictly in accordance with law, after recording satisfaction regarding service of summons and giving full opportunity of hearing, subject to the petitioner's cooperation, preferably within three months from production of a certified copy of the order, if there is no other legal impediment.

Issue for consideration

Whether the trial court should be directed to hear and decide the pending temporary-injunction application (paper no. 6-C) in Suit No. 644 of 2023 within a stipulated period.

Court's answer

The petition is disposed of with a direction to the court concerned to conclude and decide the 6-C application strictly in accordance with law, after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties, subject to the cooperation of the petitioner.

Ratio / Principle

The decision on the 6-C application is to be made as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, in case there is no other legal impediment.

Key takeaways

The Court clarified that it has not applied its mind to the claim of the petitioner on merit nor made any observation in that regard.obiter¶13

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India filed by the plaintiff in Suit No. 644 of 2023 (permanent injunction) pending before the Civil Judge (Junior Division), Jaunpur, seeking expeditious hearing and decision of her temporary-injunction application (paper no. 6-C) filed on 15.05.2023, on which no order had been passed despite several dates. The High Court disposed of the petition, directing the court concerned to decide the 6-C application strictly in accordance with law, after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties and subject to the petitioner's cooperation, as expeditiously as possible, preferably within three months from the date of production of a certified copy of the order, in case there is no other legal impediment. The Court expressly clarified that it had not applied its mind to the claim on merits nor made any observation in that regard.

Neutral Citation No. - 2025:AHC:18076

Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 703 of 2025

Petitioner :- Fatma Begam Respondent :- Balai Counsel for Petitioner :- Aravind Kumar Tripathi

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the petitioner and perused the record.

The petitioner has preferred the present writ petition under article 227 of the Constitution of India with the following prayer -:

i. Issue a writ, order or direction to the Learned Court for the expeditious hearing of an application (paper no. 6-C) for temporary injunction filed in Suit No. 644 of 2023, pending before the learned Civil Judge (Junior Division), Jaunpur, Uttar Pradesh within stipulated period as fixed by the Hon'ble Court and decide within stipulated time period framed by the Hon'ble Court.

ii. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.

It has been submitted by learned counsel for the petitioner that the petitioner is the plaintiff in pending civil suit seeking permanent injunction against defendant/ respondents. The plaintiff/petitioner had filed an application 6-C on 15.05.2023. Despite several date fixed, no order on the application 6-C could be passed till date.

Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid 6-C application strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties and subject to the cooperation of the petitioner as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order, in case, there is no other legal impediment.

With the aforesaid direction, the writ petition is disposed of.

It is hereby clarified that this Court has not applied its mind to the claim of the petitioner on merit nor has made any observation in this regard.

Order Date :- 7.2.2025

Nisha

Digitally signed by :- nisha kumari High Court of Judicature at Allahabad