Allahabad High Court
VIJAY SHANKAR TRIVEDI @ DAYASHANKARversusHARISHANKAR TRIVEDI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is disposed of at the admission stage with a direction to the trial court to decide the pending application within two months, without adjudicating the merits.
Summary
Vijay Shankar Trivedi filed a writ petition under Article 227 on behalf of a third party, seeking speedy disposal of an application filed under Order I Rule 10 of the CPC that had been pending since 11 November 2025 in Original Suit No. 1315 of 2020. The petition solely requested the court to expedite the pending application. The High Court, after admitting the petition, disposed of it without calling for a counter‑affidavit or issuing notice to private respondents, noting that no merit of the underlying dispute was being decided. The court directed the trial court to decide the pending application within two months of receiving a certified copy of the order, after hearing all affected parties. It was expressly stated that the matter was not adjudicated on its merits.
Issues considered
- What procedural steps are appropriate for disposing a writ petition seeking expeditious disposal of a pending application under Order I Rule 10 CPC?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order I Rule 10
Subjects
- Article 227
- Writ petition
- Expeditious disposal
- Order I Rule 10 CPC
- Civil Procedure Code
- Jurisdiction
- Third party
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13233 of 2026
Vijay Shankar Trivedi @ Dayashankar
.....Petitioner(s)
Versus
Harishankar Trivedi
.....Respondent(s)
Counsel for Petitioner(s) : Vidya Dhar Dubey, Vivek Dwivedi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a petition on the behalf of third party.
2. In the suit filed by plaintiff-respondent, an application under Order I Rule
10 CPC was filed, which is pending consideration since 11.11.2025. The
sole prayer made in the writ petition is for expeditious disposal of the same.
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 application under Order I Rule 10 CPC
filed in Original Suit No. 1315 of 2020, 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 23, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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