Allahabad High Court

UDIT NARAINversusVINAY KUMAR AND 2 OTHERS

Decided: 18 March 2026
Bench: MANISH KUMAR NIGAM

Holding

The petition is disposed of with a direction to the Civil Judge, Senior Division, Muzaffar Nagar to decide the pending application expeditiously within six months.

Summary

The petitioner, Udit Narain, filed a writ petition under Article 227 seeking a mandamus directing the Civil Judge (Senior Division), Muzaffar Nagar, to decide an application dated 03‑08‑2023 filed in Original Suit No. 105 of 2023. The petitioner argued that the application had remained pending despite several dates being fixed. The High Court examined the petition and found that keeping the petition pending would serve no useful purpose. Consequently, the Court disposed of the petition, directing the lower court to decide the pending application expeditiously, preferably within six months, without unnecessary adjournments, and after serving all parties. The order was signed by Justice Manish Kumar Nigam.

Issues considered

Whether the High Court should issue a mandamus directing the lower court to decide the pending application in Original Suit No. 105 of 2023
Whether the writ petition should be allowed to continue or be disposed of

Subjects

Article 227
mandamus
writ petition
supervisory jurisdiction
expeditious disposal
civil procedure

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 3474 of 2026

                                    Udit Narain
                                                                                                                .....Petitioner(s)
                                                                              Versus
                                    Vinay Kumar And 2 Others
                                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                                  :        Satya Deo Ojha
                                    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) Issue an order or direction in the nature of mandamus directing the court below /
                                    Civil Judge, (Senior Division), Muzaffar Nagar to decide the application 21C dated
                                    03.08.2023 filed by the petitioner in Original Suit No. 105 of 2023 (Vinay Kumar vs.
                                    Pooja Chowdhar and others) expeditiously by concluding day by day hearing within
                                    stipulated period. (Annexure No.2) to the petition."

                                    3. Contention of the learned counsel for the petitioner is that application dated
                                    03.08.2023 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, (Senior Division), Muzaffar Nagar to consider and decide the
                                    aforementioned application, in accordance with law, expeditiously, preferably within a
                                    period of six months 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 19, 2026
                                    Nitika Sri.
                                                                                                   (Manish Kumar Nigam,J.)




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

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