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Allahabad High Court

KIRAN DEVI VERMAversusKAMAL CHANDRA MISHRA AND 2 OTHERS

Decided

Holding

The writ petition is dismissed, and the High Court directs the trial court to decide the pending civil revision within three months, without adjudicating the merits of the petition.

Summary

The petitioner, Kiran Devi Verma, filed a writ petition under Article 227 seeking the expeditious disposal of Civil Revision No. 173 of 2024, which had been filed after an application under Order I Rule 10 CPC was allowed to implead her as a defendant. The petition contained no other relief and did not seek any substantive adjudication of the underlying dispute. The High Court observed that keeping the writ petition pending would serve no useful purpose and therefore disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the concerned trial court to decide the pending civil revision in accordance with law, after hearing all affected parties, preferably within three months of the order. It was expressly stated that the matter was not decided on its merits. Consequently, the writ petition was dismissed and the case was referred back for procedural determination.

Issues considered

  • Whether a writ petition under Article 227 seeking only an expeditious disposal of a pending civil revision is maintainable.
  • Whether the High Court can dispose of such a writ petition without hearing the parties or issuing a notice to private respondents.

Subjects

  • Article 227
  • Civil Revision
  • Writ Petition
  • Order I Rule 10 CPC
  • Procedural Direction
  • Expeditious Disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 11883 of 2026

                                    Kiran Devi Verma
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Kamal Chandra Mishra And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Santosh Kumar, Vinod Kumar Yadav
                                    Counsel for Respondent(s)          :


                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. It is contended by learned counsel for the petitioner that petitioner filed an
                                    application under Order I Rule 10 CPC for impleading him as defendant in
                                    the suit filed by respondent no. 1. The application was allowed against which
                                    plaintiff-revisionist filed Civil Revision No. 173 of 2024, which is pending
                                    consideration. The sole prayer made in the writ petition is for expeditious
                                    disposal of the civil revision.

                                    2. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to private respondents, with a direction
                                    upon court concerned to decide the Civil Revision No. 173 of 2024, in
                                    accordance with law, after hearing all affected parties, preferably within a
                                    period of three months from the date of production of certified copy of this
                                    order.

                                    3. With the aforesaid directions, writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the matter on merits.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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