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Allahabad High Court

INDU DEVIversusPRAMOD KUMAR AND 5 OTHERS

Decided

Holding

The writ petition was disposed of without merits, with a direction to the lower court to decide the pending civil appeal within six months.

Summary

The petitioner filed a writ petition under Article 227 seeking the expeditious disposal of a civil appeal (No. 43 of 2025) that was pending after a decree against the defendants. The court noted that the petition had no substantive purpose if the appeal remained pending and therefore 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 lower court to decide the pending civil appeal within six months of the certified copy of the order, after hearing all affected parties. It was expressly stated that the matter was not adjudicated on its merits. Consequently, the writ petition was dismissed and the direction for speedy disposal of the appeal was issued.

Issues considered

  • Whether a writ petition under Article 227 can be entertained solely for the purpose of expediting the disposal of a pending civil appeal

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • civil appeal
  • interim relief

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 12254 of 2026

                                    Indu Devi
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Pramod Kumar And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Sachchida Nand Ojha, Satyendra Singh,
                                                                         Vikas Srivastava
                                    Counsel for Respondent(s)          :

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

                                    1. This is plaintiff's petition.

                                    2. The suit filed by plaintiff was decreed against which defendants have filed
                                    Civil Appeal No. 43 of 2025, which is pending consideration.The sole prayer
                                    made in the writ petition is for expeditious disposal of the same.

                                    3. 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 Appeal No. 43 of 2025, in
                                    accordance with law, after hearing all affected parties, preferably within a
                                    period of six months from the date of production of certified copy of this
                                    order.

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

                                    5. 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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