Allahabad High Court
UMESH AND 2 OTHERSversusVINAY SINGH YADAV AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The writ petition is disposed of with a direction to the Civil Judge to decide the pending applications expeditiously.
Summary
Petitioners Umesh and two others filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Gorakhpur, to decide pending applications filed under Order 39 Rule‑4, and Order 39 Rules‑1 and‑2 of the CPC in Original Suit No. 1696 of 2022. The petitioners argued that the delay in deciding these applications would cause them irreparable loss. The High Court observed that since the applications are already pending before the trial court, the writ petition serves no useful purpose. Consequently, the Court disposed of the writ petition and directed the trial court to decide the pending applications expeditiously, preferably within eight weeks, after serving notice to all respondents. The order was pronounced on 18 March 2026.
Issues considered
- Whether a writ petition under Article 227 seeking a direction to a trial court to decide pending applications under Order 39 CPC is maintainable.
- Whether the High Court should entertain the petition or dispose of it on the ground that the applications are already pending before the trial court.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1, Order 39 Rule 2, Order 39 Rule 4
Subjects
- Writ petition
- Article 227
- Order 39 CPC
- expeditious disposal
- Civil suit
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3413 of 2026
Umesh And 2 Others
.....Petitioner(s)
Versus
Vinay Singh Yadav And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Km. Anjana
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"to pass an order or direction to the learned trial court to decide the
application Under Order-39 Rule-4 C.P.C. (paper No. 37Ga) dated
29.08.2023 filed in Original Suit No. 1696 of 2022 (Vinay Singh Yadav
vs. Umesh & others) pending in the Court of learned Civil Judge (Jr.
Div.), Gorakhpur within stipulated period, failing which Petitioners shall
suffer irreparable loss and injury."
3. Learned counsel for the petitioner submitted that the applications under
Order-39 Rule-4 C.P.C. (paper No. 37Ga) as well as under Order-39 Rule-1 & 2
C.P.C. are pending consideration and the same have not been decided till date.
Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned applications are pending, no useful purpose
would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
the Civil Judge (Junior Division), Gorakhpur to decide the above-mentioned
applications, in accordance with law, expeditiously, preferably within eight
weeks from the date of production of a certified copy of this order, after
ensuring service of notice upon all the respondents and providing opportunity
of hearing to all the concerned parties provided there is no other legal
impediment.
March 18, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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