Allahabad High Court
POONAM KUMARIversusSUBHAWATI DEVI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition was disposed of without merits, with a direction to the trial court to decide the restoration application within two months.
Summary
Petitioner Poonam Kumari filed a writ petition under Article 227 seeking an order for the speedy disposal of a restoration application filed by respondent Subhawati Devi in Succession Suit No. 301 of 2023. The court noted that the restoration application was pending and that no substantive hearing was required for the writ petition. It disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The court directed the trial court to decide the restoration application within two months of receiving a certified copy of the order, emphasizing that the matter was not adjudicated on its merits. Consequently, the writ petition was dismissed as disposed.
Issues considered
- What procedural steps are required for a writ petition under Article 227 seeking expeditious disposal of a pending application in a succession suit?
Subjects
- Article 227
- writ petition
- restoration application
- succession suit
- expeditious disposal
- procedural jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12652 of 2026
Poonam Kumari
.....Petitioner(s)
Versus
Subhawati Devi
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. The plaintiff-respondent had filed a restoration application in Succession
Suit No. 301 of 2023, which is pending consideration.The sole prayer made
in the writ petition is for expeditious disposal of the said restoration
application.
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 Restoration Application No. 03 of 2024
filed in Succession Suit No. 301 of 2023, 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.
(Rohit Ranjan Agarwal,J.)
September 14, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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