Allahabad High Court
ANIL KUMAR TRIPATHI AND 7 OTHERSversusKHUSHIRAM VAISHYA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage, with a direction to the lower court to decide the restoration application within two months.
Summary
The petitioners filed a writ petition seeking speedy disposal of a restoration application filed in Suit No. 198 of 2018, which had been dismissed for want of prosecution. The petition alleged that the suit was pending restoration and requested the High Court to intervene. The Court, noting that no substantive hearing was required, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the lower court to decide the restoration application in accordance with law within two months of receiving a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying suit.
Issues considered
- What procedural steps are appropriate for disposing of a writ petition seeking expeditious disposal of a pending restoration application?
Subjects
- Civil Procedure Code
- Restoration of suit
- Writ petition
- Article 227
- Admission stage disposal
- Procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13817 of 2026
Anil Kumar Tripathi And 7 Others
.....Petitioner(s)
Versus
Khushiram Vaishya And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiffs' petition.
2. It is contended by learned counsel for the petitioner that suit filed by
plaintiffs was dismissed for want of prosecution. A restoration application
has been filed, 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 restoration application filed in Suit No.
198 of 2018, 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.
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
Checking your session…