Allahabad High Court
SMT SANGEETA PATHAKversusSMT SARITA PANDEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage without merits, with a direction to the lower court to decide the pending application and pass the partition decree within four months.
Summary
The petitioner, Smt. Sangeeta Pathak, filed a writ petition seeking a direction to the Civil Judge (Senior Division) of Azamgarh to decide Miscellaneous Case No. 190 of 2023 under Order XX Rule 18 of the Code of Civil Procedure and to pass a final decree of partition of ancestral property based on a survey report. The petitioner argued that an application under Order XX Rule 18 was pending in the original suit and that a decree of partition was necessary. The High Court, noting that the matter could be dealt with by the lower court without further intervention, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the pending application and pass the partition decree within four months of the order. The Court expressly stated that it had not adjudicated the merits of the dispute.
Issues considered
- Whether the writ petition seeking a direction to the lower court to decide a pending application under Order XX Rule 18 and pass a partition decree should be entertained on merits.
Legislation cited
Subjects
- partition
- civil procedure
- writ petition
- Order XX Rule 18
- preliminary direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12705 of 2026
Smt Sangeeta Pathak
.....Petitioner(s)
Versus
Smt Sarita Pandey
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Upadhyay, Vijay Chandra Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"i) To direct the learned court of Civil Judge (Senior Division), Azamgarh
to decide Misc Case No. 190 of 2023, under Order XX Rule 18 of the
Code of Civil Procedure (Smt. Sangeeta Pathak Vs. Smt. Sarita Pandey),
District Azamgarh, arising out of Original Suit No. 102 of 2017 (Smt.
Sangeeta Pathak Vs. Smt. Sarita Pandey), and to pass the final decree of
partition of the ancestral property of both the parties on the basis of the
report and map (naksha) of the Amin/Commissioner dated 10.03.2026,
expeditiously and within a short period to be fixed by this Hon'ble Court;
2. It is contended by learned counsel for the petitioner that an application
under Order XX Rule 18 is pending consideration in Suit No. 102 of 2017. A
prayer has also been made for preparation of final decree of partition.
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 proceed with the matter and decide the same, in
accordance with law, after hearing all affected parties, expeditiously
preferably within a period of four 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.
September 14, 2026//(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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