Allahabad High Court
KANTI KUMARversusGOPAL PRASAD SHARMA, ADVOCATE AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition, directing the lower court to decide the pending Order I Rule 10 application within two months, without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) Court No. 3, Mathura, to decide an application filed under Order I Rule 10 of the CPC on 27‑03‑2023 in Civil Suit No. 257 of 2021. The petition solely requested expeditious disposal of that pending application. The High Court, finding no merit to be adjudicated and deeming the petition unnecessary, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the concerned civil court to decide the pending application within two months of receiving a certified copy of this order. The High Court clarified that it had not decided the substantive issues of the underlying civil suit.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely for the purpose of directing a lower court to expedite a pending application under Order I Rule 10 CPC.
- Whether the High Court may dispose of such a petition at the admission stage without hearing the parties.
Legislation cited
Subjects
- Article 227
- supervisory jurisdiction
- Civil Procedure Code
- Order I Rule 10
- expeditious disposal
- writ petition
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12268 of 2026
Kanti Kumar
.....Petitioner(s)
Versus
Gopal Prasad Sharma, Advocate And Another
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a petition on behalf of third party and has been filed with the following
prayer:-
"I. Issue a direction directing to the Court of learned Civil Judge (Sr.
Div) Court no. 3, Mathura to decide the application under Order 1 Rule
10 of C.P. C. dated 27.03.2023 filed by the petitioner in Civil Suit No. 257
of 2021 "Gopal Prasad Sharma and another Vs. Gram Shiksha Samiti
and others" pending before him within a reasonable stipulated period."
2. It is contended by learned counsel for the petitioner that an application under Order
I Rule 10 CPC has been filed 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 application under Order I Rule 10 CPC dated 27.03.2023 filed
in Civil Suit No. 257 of 2021 (Gopal Prasad Sharma and another vs. Gram Shiksha
Samiti and others), 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.
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.
September 9, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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