Allahabad High Court
SUNITA DEVIversusSADANAND MAURYA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, directing the lower court to decide the pending application within a month, without adjudicating the merits.
Summary
Sunita Devi filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (J.D.) Shahar, Jaunpur, to decide Application 25C pending in her original suit for specific performance (Original Suit No. 389/2019). The petitioner argued that the pending application was causing undue delay and requested the High Court to order its expeditious disposal. The Court observed that the writ petition raised no substantive issue for adjudication on merits and therefore disposed of it at the admission stage. However, the Court issued a direction to the concerned lower court to decide the pending application within one month of receiving a certified copy of the order, after hearing all affected parties. The direction was given without calling for a counter‑affidavit or issuing notice to private respondents. The Court clarified that it had not decided the merits of the underlying suit.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely for the purpose of directing expeditious disposal of a pending application in an original suit
- Whether the High Court can issue a directive to a lower court without hearing the respondents
Subjects
- Article 227
- writ petition
- specific performance
- expeditious disposal
- civil procedure
- original suit
- application 25C
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13257 of 2026
Sunita Devi
.....Petitioner(s)
Versus
Sadanand Maurya And Another
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Shukla, Ayush Jaiswal
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"1. To pass an order directing to the learned Civil Judge (J.D.) Shahar,
Jaunpur to decide Application 25Ga dated 15.05.2025 pending in O.S.
No.389/2019 (Sunita Devi Vs Sadanand Maurya and another),
expeditiously within stipulated period as fixed by this Hon'ble Court.
(Annexure No. 2)"
2. It is contended by learned counsel for the petitioner that plaintiff-
petitioner instituted a suit for specific performance in which application 25C
has been preferred, which is pending consideration. 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 25C filed in Original Suit
No. 389/2019 (Sunita Devi Vs. Sadanand Maurya and another), in
accordance with law, after hearing all affected parties, preferably within a
period of one month 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 23, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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