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Allahabad High Court

ARUN KUMAR GOYALversusMD. FIROJ KHAN AND ANOTHER

Decided

Holding

The High Court directed the lower court to dispose of the pending civil appeal within four months and disposed of the petition without deciding the merits.

Summary

The respondents filed an original suit in which the petitioner obtained a dismissal under Order 7 Rule 11 CPC. The respondents appealed that dismissal (Civil Appeal No. 114 of 2024) which remains pending before the Additional District & Sessions Judge, Prayagraj. The petitioner filed a petition under Article 227 seeking the expeditious disposal of the pending appeal. The High Court, finding no merit in hearing the petition, directed the lower court to decide the appeal within four months of the certified copy of the order and disposed of the petition without adjudicating the substantive issues. The order emphasizes the Court's supervisory role and clarifies that it has not decided the appeal on its merits.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a lower court to dispose of a pending civil appeal within a stipulated time.

Legislation cited

Subjects

  • Article 227
  • Civil Appeal
  • Expeditious Disposal
  • Supervisory Jurisdiction
  • Code of Civil Procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13023 of 2026

                                    Arun Kumar Goyal
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Md. Firoj Khan And Another
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                   :    Arun Kumar Goyal
                                    Counsel for Respondent(s)                   :

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

                                    1. The respondents filed an Original Suit No. 181 of 2014, in which, the
                                    defendant-petitioner had filed an application under Order 7 Rule 11 CPC,
                                    which was allowed and the suit filed by the respondents had been
                                    dismissed. Against which, a Civil Appeal No. 114 of 2024 was filed
                                    before the Additional District & Sessions Judge, Prayagraj, which is
                                    pending consideration. The sole prayer made is for expeditious disposal
                                    of the same.

                                    2. As no useful purpose would be served in keeping the matter pending or
                                    calling for counter affidavit or issuing notice to the respondents, at this
                                    admission stage, the court concerned is hereby directed to proceed with
                                    the Civil Appeal No. 114 of 2024 and decide the same within a period of
                                    four months from the date of production of certified copy of this order, in
                                    accordance with law, after hearing all affected parties.

                                    3. With the aforesaid directions, the petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the matter on merits.



                                                                                    (Rohit Ranjan Agarwal,J.)
                                    September 18, 2026
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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