Allahabad High Court
ASHISH YADAV AND ANOTHERversusRAMJANAM AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed, with a direction to the lower court to decide the pending Miscellaneous Civil Appeal expeditiously.
Summary
The petitioners, Ashish Yadav and another, filed a writ petition under Article 227 seeking the expeditious disposal of a pending Miscellaneous Civil Appeal (No. 70 of 2024) that arose from a rejected application for temporary injunction in their suit. The High Court noted that the writ petition had no substantive purpose and dismissed it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the concerned lower court to decide the pending appeal within one month 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. Consequently, the writ petition was disposed of, and the appeal was left to be decided on its own merits by the lower court.
Issues considered
- What is the appropriate remedy for expediting the disposal of a pending Miscellaneous Civil Appeal?
- Can a High Court, under Article 227, dismiss a writ petition without addressing its merits and merely direct the lower court to decide the appeal?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XLIII Rule 1(r)
- Constitution of India — s. Article 227
Subjects
- Article 227
- Writ Petition
- Miscellaneous Civil Appeal
- Temporary Injunction
- Expeditious Disposal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13278 of 2026
Ashish Yadav And Another
.....Petitioner(s)
Versus
Ramjanam And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiffs' petition.
2. In the suit filed by plaintiffs, an application for grant of temporary
injunction was moved which was rejected against which a misc. civil appeal
under Order XLIII Rule 1(r) CPC has been filed, which is pending
consideration. The sole prayer made in the writ petition is for expeditious
disposal of the said 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 Misc. Civil Appeal No. 70 of 2024, 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.
(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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