Allahabad High Court

SMT. RENU SHARMA AND 2 OTHERSversusSRI RAM BHAROSHI PARASHAR

Decided: 9 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The writ petition is disposed, with the Court directing the lower court to decide the pending stay application within three weeks.

Summary

The petitioners, Smt. Renu Sharma and others, filed a writ petition under Article 227 challenging the dismissal of their suit and the pendency of a civil appeal (No. 73 of 2025). In the civil appeal, an application under Order XLI Rule 27 of the CPC seeking a stay was filed and rejected, and a separate stay application remains pending. The petitioners urged the High Court to direct the lower court to decide the pending stay application promptly. The Court directed that the lower court must consider and decide the stay application within three weeks of receiving the certified copy of this order, after hearing all affected parties. Consequently, the writ petition was disposed without granting any substantive relief.

Issues considered

Whether the High Court should direct the lower court to decide a pending stay application under Order XLI Rule 27 of the CPC within a specific time frame.
Whether the writ petition under Article 227 is maintainable given the pendency of the civil appeal and stay application.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLI Rule 27
Constitution of India — s. Article 227

Subjects

Article 227
Civil Appeal
Stay Application
Order XLI Rule 27
Writ Petition
High Court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12460 of 2026

Smt. Renu Sharma And 2 Others
.....Petitioner(s)
Versus

Sri Ram Bharoshi Parashar
.....Respondent(s)

Counsel for Petitioner(s) : Dharmendra Singh, Yashi Yadav
Counsel for Respondent(s) :

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

1. This is plaintiffs' petition. The suit filed by the plaintiffs-petitioners
was dismissed, against which, a Civil Appeal No.73 of 2025 has been
filed which is pending consideration. In the said civil appeal, an
application under Order XLI Rule 27 CPC was filed which which was
rejected.

2. Learned counsel for the petitioners further submits that a stay
application has also been filed in the said civil appeal which is pending
consideration.

3. In view of the said fact, in case, any such stay application is pending
consideration, the Court below shall make every endeavour to consider
and decide the said stay application strictly in accordance with law, after
hearing all the affected parties, preferably within a period of three weeks
from the date of production of certified copy of this order.

4. With the aforesaid observations, present writ petition stands disposed
of.

(Rohit Ranjan Agarwal,J.)
September 10, 2026
SK Goswami

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

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