Allahabad High Court
BALRAM PRAJAPATIversusRAM PYARI AND ANOTHER
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Civil Judge (Junior Division) Court No.10, Deoria to decide the pending applications within eight weeks, thereby disposing of the writ petition.
Summary
Balram Prajapati filed a writ petition under Article 227 seeking a mandamus directing the Civil Judge (Junior Division) Court No.10, Deoria, to decide an objection filed on 19-10-2019 and the related interim injunction application in Original Suit No.1687 of 2019. The petitioner argued that the applications had remained pending since 2019 despite several dates being fixed. The Court observed that keeping the petition pending served no useful purpose and ordered the lower court to decide the pending matters expeditiously, preferably within eight weeks of the certified copy of the order, after proper service and hearing, and without unnecessary adjournments. The petition was therefore disposed of finally with the direction to the lower court. No statutes or precedents were cited.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a subordinate civil court to decide pending applications and objections.
- Whether the writ petition should be dismissed as it serves no useful purpose.
Subjects
- Article 227
- mandamus
- Civil Procedure
- delay in adjudication
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3479 of 2026
Balram Prajapati
.....Petitioner(s)
Versus
Ram Pyari And Another
.....Respondent(s)
Counsel for Petitioner(s) : Durga Tiwari
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:
" 1. Issue a writ, order or direction in the nature of mandamus commanding
the Civil Judge (Junior Division) court no.10 Deoria to decide the objection
dated 19.10.2019 filed by the defendant/petitioner to application 6 C in
Original suit No. 1687 of 2019 (Ram Pyari Kuwar and another Vs Balram
Prajapati and other and others).
II. Issue a writ, order or direction in the nature of mandamus commanding
the Çivil Judge (Junior Division) court no.10 Deoria to decide the Original
suit No. 1687 of 2019 (Ram Pyari Kuwar and another Vs Balram Prajapati
and other and others)."
3. Contention of the learned counsel for the petitioner is that an application
for interim injunction as well as objection filed to the interim injunction
application are pending since 2019 and the same have 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.10 Deoria to
consider and decide the aforementioned applications, in accordance with
A227 No. 3479 of 2026
2
law, expeditiously, preferably within a period of eight 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.
(Manish Kumar Nigam,J.)
March 19, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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