Allahabad High Court
DHANESH KUMARversusCHANDRAKALA DEVI AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without adjudicating merits, and the Court directs the pending Miscellaneous Application to be decided within two months.
Summary
The petitioner filed a writ petition under Article 227 seeking an order to expedite a pending Miscellaneous Application (No. 467 of 2024) for restoration of a suit that had been dismissed for want of prosecution. The High Court observed that keeping the writ petition pending served no useful purpose and therefore disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the concerned court to decide the pending Miscellaneous Application within two months of the production of the certified copy of this order, after hearing all affected parties. It was expressly stated that the merits of the underlying suit were not adjudicated. Consequently, the writ petition was disposed of.
Issues considered
- Whether a writ petition seeking expeditious disposal of a pending Miscellaneous Application is maintainable under Article 227.
- Whether the writ petition can be disposed of at the admission stage without notice to respondents.
Subjects
- Article 227
- writ petition
- restoration of suit
- want of prosecution
- expediting proceedings
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13408 of 2026
Dhanesh Kumar
.....Petitioner(s)
Versus
Chandrakala Devi And Another
.....Respondent(s)
Counsel for Petitioner(s) : Jigyasha Tripathi, Surendra Kumar
Tripathi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiff's petition. The suit filed by the plaintiff-petitioner was
dismissed for want of prosecution. An application for restoration was filed
which has been registered as Misc. Case No.467 of 2024. The said case is
pending consideration. The sole prayer made in the writ petition is for
expediting the said case.
2. In view of the said fact, 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.467 of 2024, 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.
3. With the aforesaid direction, present writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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