Allahabad High Court

SAJID HUSSAINversusSMT. PATASIYA DEVI AND ANOTHER

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The writ petition is dismissed, with a direction to the lower court to decide the pending miscellaneous case within two months, without adjudicating the merits.

Summary

The plaintiff's suit was dismissed for want of prosecution, and the defendants had appeared on the scheduled date. The petitioner filed a writ petition under Article 227 seeking expeditious disposal of the related Miscellaneous Case No.73 of 2011, invoking Order IX Rule 9 of the CPC. The High Court observed that keeping the matter pending served no useful purpose and disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the Civil Judge (Junior Division), Kasya, Kushinagar to decide the miscellaneous case in accordance with law within two months of receiving the certified copy of the order. It was expressly stated that the Court did not adjudicate the merits of the underlying case. Consequently, the writ petition stands disposed.

Issues considered

Whether a writ petition under Article 227 seeking expeditious disposal of a pending civil case is maintainable.
Whether the High Court can dispose of such a petition at the admission stage without hearing the parties.
Applicability of Order IX Rule 9 of the CPC in directing disposal of the underlying miscellaneous case.

Legislation cited

Code of Civil Procedure, 1908 — s. Order IX Rule 9

Subjects

Article 227
Writ Petition
Expeditious Disposal
Civil Procedure Code
Order IX Rule 9
Miscellaneous Case

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12205 of 2026

Sajid Hussain
.....Petitioner(s)
Versus

Smt. Patasiya Devi And Another
.....Respondent(s)

Counsel for Petitioner(s) : Rajiv Ratan, Surya Kant Kumar
Counsel for Respondent(s) :

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

1. The suit filed by the plaintiff was dismissed for want of prosecution
and the defendants had appeared on the date fixed. An application under
Order IX Rule 9 CPC was moved which has been registered as Misc.
Case No.73 of 2011. The sole prayer made in the writ petition is for
expeditious disposal of the said case.

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 Civil Judge (Junior Division), Kasya, Kushinagar to decide Misc. Case
No.73 of 2011, in accordance with law, after hearing all affected parties,
preferably within a period of two months from the date of production of
certified copy of this order.

3. With the aforesaid direction, present writ petition stands disposed of.

4. It is made clear that this Court has not adjudicated the case on merit.

(Rohit Ranjan Agarwal,J.)
September 8, 2026
SK Goswami

Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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