Allahabad High Court

AMIT AND 2 OTHERSversusKUMAR UTKARSH AND ANOTHER

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court may dispose of the writ petition without reaching the merits and may direct the lower court to decide the pending Order VII Rule 11 application within a stipulated period.

Summary

The petitioners filed a writ petition under Article 227 seeking the expeditious disposal of an application filed under Order VII Rule 11 of the Code of Civil Procedure in Original Suit No. 663 of 2024. The High Court noted that keeping the matter pending would serve no useful purpose and declined to entertain any counter‑affidavit or notice to private respondents. It disposed of the writ petition at the admission stage, directing the lower court to decide the pending application in accordance with law after hearing all affected parties, preferably within three months of the certified copy of the order. The Court expressly clarified that it had not adjudicated the merits of the underlying application. Consequently, the writ petition was dismissed without merits, with a directive for speedy determination by the trial court.

Issues considered

Whether a High Court under Article 227 can direct a lower court to dispose of a pending application under Order VII Rule 11 CPC within a specified time‑frame.
Whether a writ petition seeking expeditious disposal of such an application can be disposed of at the admission stage without addressing the merits.

Legislation cited

Code of Civil Procedure, 1908 — s. Order VII Rule 11
Constitution of India — s. Article 227

Subjects

Article 227
Order VII Rule 11
expeditious disposal
Writ petition
High Court direction
Civil Procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12401 of 2026

Amit And 2 Others
.....Petitioner(s)
Versus

Kumar Utkarsh And Another
.....Respondent(s)

Counsel for Petitioner(s) : Prince Kumar Srivastava
Counsel for Respondent(s) :

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

1. This is the defendants' petition. In the suit filed by plaintiff respondents
an application under Order VII Rule 11 CPC has been filed by defendant
petitioners, which is pending consideration. The sole prayer made in writ
petition is for expeditious disposal of the said application filed in Original
Suit No. 663 of 2024.

2. No useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to private respondents, writ
is being disposed of, at the admission stage, with a direction upon the
court below to decide application under Order VII Rule 11 CPC filed in
Original Suit No. 663 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. It is
made clear that this Court has not adjudicated the matter on merits.

(Rohit Ranjan Agarwal,J.)
September 9, 2026
Shekhar

Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad

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