Allahabad High Court
RAM VIHARIversusSUMANLATA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage, with a direction to the concerned court to decide the pending civil appeal within six months, without adjudicating the merits.
Summary
Ram Vihari filed a writ petition under Article 227 seeking the speedy disposal of Civil Appeal No. 7 of 2021, which arose from a civil suit that had been dismissed. The petition did not challenge the merits of the appeal but merely requested the High Court to direct the lower court to decide it within six months. The High Court, finding no substantive issue to be heard, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. It issued a direction to the concerned court to decide the pending civil appeal within six months of the order. The court expressly clarified that it had not adjudicated the matter on its merits.
Issues considered
- The High Court's power under Article 227 to direct expeditious disposal of a pending civil appeal through a writ petition.
Subjects
- Article 227
- writ petition
- civil appeal
- expeditious disposal
- high court jurisdiction
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12680 of 2026
Ram Vihari
.....Petitioner(s)
Versus
Sumanlata And Another
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Srivastava, Hari Ashok Kumar,
Prashant Singh, Reema Pandey,
Saurabh Raj Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. Plaintiffs-respondents had instituted a civil suit which was dismissed
against which civil appeal was preferred by plaintiff which has been
registered as Civil Appeal No. 7 of 2021, which is pending consideration.
The sole prayer made in the writ petition is for expeditious disposal of the
said civil appeal.
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 Civil Appeal No. 7 of 2021, in
accordance with law, after hearing all affected parties, preferably within a
period of six 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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