Allahabad High Court
NEERAJversusSHYAM LAL AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed without adjudicating the merits, with a direction to the lower court to decide the pending Miscellaneous Civil Appeal within three months.
Summary
The petitioner, Neeraj, filed a writ petition under Article 227 seeking speedy disposal of a pending Miscellaneous Civil Appeal (No. 144 of 2025) that arose from an ex-parte decree against him. The appeal had been filed after an Order IX Rule 13 CPC application was dismissed. The High Court, noting that the writ petition served no substantive purpose, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the concerned court to decide the pending appeal within three months of receiving a certified copy of the order. It was expressly stated that the matter was not adjudicated on its merits. Consequently, the writ petition was dismissed and the matter was left to be resolved through the pending appeal.
Issues considered
- The appropriateness of disposing of a writ petition at the admission stage without hearing the parties
- The court's power under Article 227 to direct expeditious disposal of a pending civil appeal
Legislation cited
- Code of Civil Procedure, 1908 — s. Order IX Rule 13
- Constitution of India — s. Article 227
Subjects
- writ petition
- Article 227
- expeditious disposal
- Miscellaneous Civil Appeal
- dismissal at admission stage
- CPC Order IX Rule 13
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13677 of 2026
Neeraj
.....Petitioner(s)
Versus
Shyam Lal And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dheeraj Kumar Yadav, Janardan Prasad
Patel
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. The suit filed by plaintiff-respondent no. 1 was decreed ex-parte against
which an application under Order IX Rule 13 CPC was moved by defendant-
petitioner which was dismissed against which a misc. civil appeal was
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 Misc. Civil Appeal No. 144 of 2025
(Neeraj Tiwari vs. Shyam Lal and others), in accordance with law, after
hearing all affected parties, preferably within a period of three months 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 30, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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