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Allahabad High Court

SMT SARITA PANDEYversusBRIJESH KUMAR AGNIHOTRI AND 12 OTHERS

Decided

Holding

The Court disposed of the writ petition at the admission stage, without adjudicating merits, and directed the lower court to decide the pending case within three months.

Summary

Smt Sarita Pandey filed a writ petition under Article 227 seeking the expeditious disposal of Misc. Case No. 190/74/18, which had been dismissed for want of prosecution. The petitioner requested the High Court to intervene and order the lower court to decide the matter promptly. The Court noted that the writ petition raised only a procedural grievance and that no substantive merits needed to be decided. Accordingly, the petition was disposed of at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the lower court to decide the pending case within three months of the certified copy of the order, expressly stating that it had not adjudicated the merits of the underlying dispute.

Issues considered

  • Whether a writ petition seeking expeditious disposal of a pending civil suit can be entertained and disposed of at the admission stage without hearing the respondents?

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • miscellaneous case
  • procedural direction
  • court admission stage

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13793 of 2026

                                    Smt Sarita Pandey
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Brijesh Kumar Agnihotri And 12 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Rajan Tripathi
                                    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 was dismissed for want of prosecution. An
                                    application under Order IX Rule 4 CPC has been filed, which is pending
                                    consideration. The sole prayer made in the writ petition is for expeditious
                                    disposal of Misc. Case No. 190/74/18.

                                    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. 190/74/18, 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.)
                                    October 1, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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