Allahabad HC sets aside order vacating interim injunction in property dispute, citing lack of judicial mind

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Published 27 October 2026

Bottom Line Up Front (BLUF)

In Pratap Narayan Singh vs Awadhesh Pratap Singh, the Allahabad High Court on 2026-10-23 set aside an order by the Additional District and Sessions Judge, Ayodhya, which had vacated an interim injunction granted under Order 39 Rule 1 of the Code of Civil Procedure, 1908. The High Court found the lower court's order lacked judicial application of mind.

Ratio Decidendi · Legal Principle Established

An appellate court's order vacating an interim injunction must demonstrate proper application of judicial mind, failing which it is liable to be set aside.

Practice & Procedural Impact for Advocates

Advocates should ensure that orders vacating interim injunctions clearly reflect judicial reasoning. Litigants challenging such orders can argue lack of judicial application of mind. Courts are expected to provide reasoned decisions when dealing with interim reliefs.

Key Legal Takeaways

1Interim injunctions under Order 39 Rule 1 CPC require careful judicial consideration.
2Appellate orders vacating injunctions must show application of judicial mind.
3Lack of reasoned decision-making can lead to an order being set aside.

The Legal Issue Pratap Narayan Singh filed a petition before the Allahabad High Court challenging the judgment and order dated 23.09.2026, passed by the Additional District and Sessions Judge, Court No. 5, Ayodhya. This impugned order, issued in Civil Appeal No. 58 of 2025 (Awadhesh Pratap Singh Vs. Pratap Narayan Singh), had vacated an interim injunction previously granted in Original Suit No. 1251 of 2023 on an application filed under Order 39 Rule 1 of the Code of Civil Procedure, 1908. The petitioner contended that the appellate court's order was passed "without application of judicial mind."

Court's Reasoning The Allahabad High Court considered the various aspects of the case, including the specific portion of the impugned order from the Additional District and Sessions Judge. While the full reasoning of the High Court is not detailed in the excerpt, the core of its decision rested on the assertion that the lower appellate court's order vacating the interim injunction was made without proper judicial consideration. The High Court found this sufficient grounds to intervene.

What Follows The Allahabad High Court set aside the judgment and order dated 23.09.2026 passed by the Additional District and Sessions Judge, Court No. 5, Ayodhya, in Civil Appeal No. 58 of 2025. This means the interim injunction originally granted in Original Suit No. 1251 of 2023, under Order 39 Rule 1 CPC, is reinstated or the matter is remanded for fresh consideration by the appellate court with proper application of judicial mind.