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Allahabad High Court

DR. AMIT AKHIL AND ANOTHERversusMANATI JAISWAL

Decided

Holding

The High Court directed the District Judge, Gorakhpur to decide the pending civil appeal within eighteen months, without expressing any opinion on the merits.

Summary

The petitioners, Dr. Amit Akhil and another, filed a writ petition under Article 227 seeking a direction to the District Judge, Gorakhpur, to decide Civil Appeal No. 6 of 2025 (Manati Jaiswal v. Ganesh Pratap Singh) expeditiously. The petition argued that the appeal had been pending since 2025 and required prompt disposal. The High Court, after hearing counsel, noted that the petition served no useful purpose if left pending and, without addressing the merits of the appeal, issued a directive for the trial court to decide the appeal within eighteen months of the order, subject to hearing the parties and allowing evidence. The order emphasized compliance with law and the need for timely justice. Consequently, the petition was disposed of with the specified direction.

Issues considered

  • Whether the High Court can, under Article 227, direct a lower court to decide a pending civil appeal within a stipulated time.

Subjects

  • Article 227
  • writ jurisdiction
  • expeditious disposal
  • civil appeal
  • direction to lower court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3448 of 2026

                                    Dr. Amit Akhil And Another
                                                                                                              .....Petitioner(s)
                                                                             Versus
                                    Manati Jaiswal
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                              :     Ram Prasad Dubey
                                    Counsel for Respondent(s)                              :

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

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

                                    2. The present petition has been filed for the following relief:

                                    "1. Issue a writ order or direction in the nature of directing the to trial court to decide
                                    the Civil Appeal No. 6 of 2025 (Manati Jaiswal Vs.Ganesh Pratap Singh and others)
                                    pending in the Court of District Judge, Gorakhpur within stipulated period within
                                    stipulated period."

                                    3. Contention of learned counsel for the petitioners is that the aforementioned appeal
                                    is pending since 2025 and he prayed that the same may be decided expeditiously.

                                    4. No useful purpose would be served in keeping this petition pending.

                                    5. Considering the facts and circumstances of the case, without expressing any opinion
                                    on the merits of the case, the present petition stands disposed of finally with a
                                    direction to District Judge, Gorakhpur to decide the Civil Appeal No. 6 of 2025, in
                                    accordance with law, expeditiously, preferably, within a period of eighteen months
                                    from the date of production of a certified copy of this order, after hearing all the
                                    concerned parties and giving a reasonable opportunity of leading evidence in respect
                                    of their case provided there is no other legal impediment.


                                    March 19, 2026
                                    Nitika Sri.
                                                                                                 (Manish Kumar Nigam,J.)




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

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