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Allahabad High Court

DHANESH KUMARversusCHANDRAKALA DEVI AND ANOTHER

Decided

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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