Allahabad High Court
GULAM AND 7 OTHERSversusKEDARNATH
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court directed the Civil Judge (J.D) Court No. 31, Azamgarh to decide the pending application within twelve weeks, thereby disposing of the writ petition.
Summary
The petitioners Gulam and others filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D) Court No. 31, Azamgarh, to decide an application filed under Order 39 Rules 1 and 2 of the CPC in suit No. 1658 of 2022, which had remained pending since 2022. The petition argued that the prolonged delay served no useful purpose and that the application needed to be decided expeditiously. The High Court observed that the pending application itself rendered the writ petition unnecessary and that a direction to the trial court would suffice. Consequently, the Court disposed of the writ petition and ordered the trial court to decide the pending application within twelve weeks of receiving a certified copy of the order, after serving notice and providing a hearing. The order was pronounced by Justice Manish Kumar Nigam on 18 March 2026.
Issues considered
- Whether the High Court should intervene under Article 227 to direct the trial court to decide an application pending under Order 39 Rules 1 and 2 of the CPC.
Legislation cited
- Code of Civil Procedure — s. Order 39 Rule 1, Order 39 Rule 2
Subjects
- Article 227
- Civil Procedure
- Order 39
- delay in adjudication
- expeditious disposal
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3415 of 2026
Gulam And 7 Others
.....Petitioner(s)
Versus
Kedarnath
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Kumar Yadav, Vivek Kumar Yadav
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 Direct the learned Trial Court to decide the Application under Order 39 Rule 1 and 2
CPC pending in original suit No. 1658 of 2022 (Kadharnath Vs Gulam) pending before the
Court of Civil Judge (J.D) Court No. 31 Azamgarh, expeditously peraferably within
stipulated period."
3. Learned counsel for the petitioner submitted that the above-mentioned
application is pending consideration since 2022 and the same has not been
decided till date. Learned counsel prayed that the same may be decided,
expeditiously.
4. Since the above-mentioned application is 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 (J.D) Court No. 31 Azamgarh to decide the above-mentioned
application, in accordance with law, expeditiously, preferably within twelve
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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