Anil Kumar vs Mahendra Prasad and 4 Others — Writ and Judicial Review | Allahabad HC (2026)

Anil Kumar vs Mahendra Prasad and 4 Others — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (Junior Division), Shahar, Jaunpur to consider and decide the interim injunction application (6C Application) in Original Suit No. 523/2024 in accordance with law, expeditiously, preferably within twelve weeks from production of a certified copy of the order, after ensuring service upon all opposite parties and giving opportunity of hearing, without unnecessary adjournments, provided there is no other legal impediment.

Issue for consideration

Whether a direction should issue to the Civil Judge (Junior Division), Shahar, Jaunpur to decide the pending 6-C application (interim injunction under Order XXXIX Rule 1 CPC) in Original Suit No. 523/2024 (Anil Vs Mahendra) within a specific/earliest time period.

Court's answer

The writ petition was disposed of finally with a direction to the Civil Judge (Junior Division), Shahar, Jaunpur to consider and decide the pending interim injunction application (6C Application) in accordance with law, expeditiously.

Ratio / Principle

The decision was to be rendered preferably within twelve weeks from production of a certified copy of the order, after ensuring service upon all opposite parties, giving opportunity of hearing, without granting unnecessary adjournments, and provided there is no other legal impediment.

Detailed headnote1 paragraphs

Article 227 petition (Matters Under Article 227 No. - 3446 of 2026, decided March 19, 2026) by Anil Kumar against Mahendra Prasad and 4 others, complaining that an interim injunction application under Order XXXIX Rule 1 CPC (6C Application) in Original Suit No. 523/2024 (Anil Vs Mahendra) before the Civil Judge (Junior Division), Shahar, Jaunpur was pending since 2024 without decision despite several dates. Held: no useful purpose in keeping the petition pending; petition disposed of finally with a direction to the trial court to consider and decide the 6C Application in accordance with law, expeditiously, preferably within twelve weeks from production of a certified copy of the order, after ensuring service upon all opposite parties and opportunity of hearing, without unnecessary adjournments, provided there is no other legal impediment. Bench: Hon'ble Manish Kumar Nigam, J.; counsel for petitioner: Manoj Kumar Singh; no counsel shown for respondents.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3446 of 2026

Anil Kumar

.....Petitioner(s)

Versus

Mahendra Prasad And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Manoj Kumar Singh
Counsel for Respondent(s) :

Court No. - 5

HON'BLE MANISH KUMAR NIGAM, J.

Heard learned counsel for the petitioner and perused the record.

The instant writ petition has been filed for following relief:

" I. Issue an order or direction, civil judge (junior division) shahar Jaunpur to decide the 6-C application in original suit no. 523/2024 (Anil Vs Mahendra) some specific/earlist time period."

Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 of C.P.C. (6C Application) is pending since 2024 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.

In view of above, no useful purpose would be served in keeping this petition pending.

Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Junior Division) Shahar, Jaunpur to consider and decide the aforementioned interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

March 19, 2026 Nitika Sri.

(Manish Kumar Nigam,J.)

Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad