Allahabad High Court
NAGMA KHANversusRAMVILAS AND 8 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition and directed the lower court to decide the stay application within a month, without adjudicating the merits.
Summary
The petitioner, Nagma Khan, filed a writ petition under Article 227 seeking an order directing the Civil Judge (JD) in Mohammadabad, Ghazipur to expedite the hearing and disposal of a stay application filed in Misc. Case No. 32/2026. The petitioner’s counsel argued that the stay application was pending and required swift resolution. The High Court, finding no substantive issue to be adjudicated and deeming the petition merely procedural, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the respondents. The Court directed the lower court to decide the stay application within one month of the certified copy of the order, after hearing all affected parties. The Court expressly stated that it had not decided the merits of the underlying dispute.
Issues considered
- Whether the High Court should entertain a writ petition seeking a direction to expedite a pending stay application under Article 227
Subjects
- Article 227
- writ petition
- stay application
- expeditious disposal
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13289 of 2026
Nagma Khan
.....Petitioner(s)
Versus
Ramvilas And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinay Bhushan Upadhyay
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. Issue an appropriate order or directing to the Civil Judge (JD)
Mohammadabad, Ghazipur to expedite and conclude and decide the stay
application in Misc. Case No. 32/2026 (Nagma Khan Vs. Ramvilash and
Others), in shortest span of time as deem fit by this Hon'ble Court."
2. It is contended by learned counsel for the petitioner that a stay application
has been filed by petitioner which has been registered as Misc. Case No. 32
of 2026. 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 Misc. Case No. 32/2026 (Nagma Khan
vs. Ramvilash and Others), 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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