Allahabad High Court
ANIL SINGHversusSUNIL SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court cannot direct the lower court to decide the suit within a fixed period, but may order expeditious disposal of the pending injunction application.
Summary
Anil Singh filed a writ petition under Article 227 seeking a court order directing the Civil Judge (Senior Division) in Prayagraj to decide his suit (No 470 of 2019) and the related 6‑C injunction application within a fixed time. The High Court held that the first prayer could not be granted because a Constitution Bench decision in High Court Bar Association vs State of Uttar Pradesh (2024) 6 SCC 267 and a Division Bench decision in Ali Shad Usmani vs Ali Isteba (2015) (2) ADJ 250 preclude such a direction. The Court allowed the petitioner to move an application for expeditious disposal of the suit and directed the lower court to decide the 6‑C injunction within one month of receiving the certified copy of the order. No merits of the underlying suit were decided. The writ petition was consequently disposed.
Issues considered
- Whether a High Court can issue a direction under Article 227 compelling a lower civil court to decide a suit within a stipulated period
- Whether the Supreme Court’s decision in High Court Bar Association vs State of Uttar Pradesh (2024) bars such a direction
Subjects
- Article 227
- writ petition
- expeditious disposal
- injunction
- civil suit
- jurisdiction
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13855 of 2026
Anil Singh
.....Petitioner(s)
Versus
Sunil Singh
.....Respondent(s)
Counsel for Petitioner(s) : Siddhant Sahai
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"I. Issue a suitable order or direction to the Court of Civil Judge (Senior
Division) (FTC), Prayagraj to expeditiously decide the Suit no. 470 of
2019 (Anil Singh V. Sunil Singh) within stipulated period/ time a fixed by
this Hon'ble Court.
II. Issue a suitable order or direction to the Court of Civil Judge (Senior
Division) (FTC), Prayagraj to expeditiously decide the 6C application
filed in Suit no. 470 of 2019 (Anil Singh V. Sunil Singh) within a
stipulated period/time fixed by this Hon'ble Court."
2. The first prayer made in the writ petition cannot be granted in view of
judgement of Constitution Bench of Hon'ble Apex Court rendered in case of
High Court Bar Association, Allahabad vs. State of Uttar Pradesh and
others (2024) 6 SCC 267 and Division Bench of this Court rendered in case
of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB).
3. The petitioner may, however, move an application for expeditious
disposal of Suit No. 470 of 2019 before the court concerned who will
decide the same on the basis of pendency of cases before it and also
keeping in mind the dictum of Hon’ble Apex Court in case of High Court
Bar Association (supra).
4. As far as second prayer is concerned, the court below is directed to decide
the temporary injunction application 6-C filed in Original Suit No. 470 of
A227 No. 13855 of 2026
2
2019, in accordance with law, after hearing all affected parties, preferably
within a period of one month from the date of production of certified copy of
this order.
5. With the aforesaid directions, writ petition stands disposed of.
6. 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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