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Allahabad High Court

ARJUN RAMversusKUMARI DEVI

Decided

Holding

The High Court ordered the Civil Judge (Junior Division) Court No.16, Azamgarh to decide the pending stay application within twelve weeks and disposed of the writ petition.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Court No.16, Azamgarh to decide a stay application filed on 31 July 2025 concerning a land dispute. The petitioner argued that the stay application remained pending despite multiple dates being fixed and requested expeditious disposal. The High Court observed that keeping the writ petition pending served no useful purpose. Consequently, the Court disposed of the petition and directed the lower court to decide the stay application within twelve weeks, ensuring service and hearing without unnecessary adjournments. The order was signed on 18 March 2026.

Issues considered

  • Whether the High Court should entertain the writ petition and direct the lower court to decide the pending stay application under its supervisory jurisdiction under Article 227.

Subjects

  • Article 227
  • writ petition
  • stay application
  • civil court
  • expeditious disposal
  • status quo

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  MATTERS UNDER ARTICLE 227 No. - 15499 of 2025

                                    Arjun Ram
                                                                                                              .....Petitioner(s)
                                                                              Versus
                                    Kumari Devi
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                                    :      Dinesh Yadav
                                    Counsel for Respondent(s)                                    :

                                    Court No. - 5
                                                         HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the petitioner and perused the record.

                                    2. The instant writ petition has been filed for following relief:

                                    " i) Direct the Civil Judge (Junior Division) Court No.16, Azamgarh to consider and
                                    decide the stay application filed on 31.07.2025 in Hibbanama, conciliation suit No.
                                    1057 of 2023 related land in question in Gata No. 823 area 0.5610 hectare situated at
                                    Village Nonari, Pargana Mahul. Tehsil Martinganj, District Azamgarh within
                                    stipulated period of time by this Hon'ble Court. And further prayed that this Hon'ble
                                    Court may kindly be pleased to direct the respondent to maintain status quo till the
                                    disposal of aforesaid stay application regarding title, possession and nature of the
                                    aforesaid disputed land in question."

                                    3. Contention of the learned counsel for the petitioner is that stay application filed on
                                    31.07.2025 is pending consideration and the same has not been decided despite
                                    several dates have been fixed. He prayed that the same may be decided, expeditiously.

                                    4. In view of above, no useful purpose would be served in keeping this petition
                                    pending.

                                    5. Accordingly, the present petition stands disposed of finally with a direction to the
                                    Civil Judge (Junior Division) Court No.16, Azamgarh to consider and decide the
                                    aforementioned application, in accordance with law, expeditiously, preferably within a
                                    period of twelve weeks from the date of production of a certified copy of this order
                                    after ensuring service upon all the opposite parties, giving opportunity of hearing to
                                    the parties concerned and without granting unnecessary adjournments to either of the
                                    parties provided that there is no other legal impediment.

                                    March 18, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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