Allahabad High Court
INDRAVATIversusSABHAPATI AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed and the Civil Judge (Junior Division)-Vth, Jaunpur is directed to decide Misc. Case No.115 of 2013 within three months.
Summary
Indravati, the defendant, filed a writ petition under Article 227 seeking an order directing the Civil Judge (Junior Division)-Vth, Jaunpur to decide Misc. Case No.115 of 2013 expeditiously. The petition arose from an ex-parte decree against her in the original suit. The High Court observed that keeping the writ petition pending or issuing notices would serve no useful purpose. Accordingly, the Court directed the lower court to decide the pending miscellaneous case within three months of receiving the certified copy of the order, after hearing all affected parties. The writ petition was disposed without any merits being adjudicated.
Issues considered
- Whether the writ petition seeking expeditious disposal of Misc. Case No.115 of 2013 should be entertained and what direction, if any, should be issued to the lower court
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 13, Section 151
Subjects
- Article 227
- Writ petition
- Expeditious disposal
- Civil Procedure Code
- Order IX Rule 13
- Section 151
- Miscellaneous case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12429 of 2026
Indravati
.....Petitioner(s)
Versus
Sabhapati And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Daya Shankar Singh, Pankaj Kumar
Ojha
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a defendant's petition. The suit filed by the plaintiff-respondent
was decreed ex-parte, against which, defendant-petitioner has filed an
application under Order IX Rule 13 CPC, which has been registered as
Misc. Case No.115 of 2013. The sole prayer made in the writ petition is
for deciding the Misc. Case No.115 of 2013 expeditiously.
2. As no useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to the private respondents, at
this stage, the writ petition is being disposed of directing the Civil Judge
(Junior Division)-Vth, Jaunpur to decide the Misc. Case No.115 of 2013,
under Order IX Rule 13 CPC read with Section 151 CPC, 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 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 9, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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