Allahabad High Court
ABDUL HAMEED AND 2 OTHERSversusSMT. NAFEESA FATIMA AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the petition, directing the appellate court to decide the pending stay application with expedition.
Summary
Petitioner Abdul Hameed and others filed a petition under Article 227 seeking a direction to the Additional District Judge, Court No. 6, Bareilly, to decide a stay application dated 05.07.2025 that was pending in Civil Appeal No. 33 of 2024. The sole relief sought was for the High Court to expedite the decision on that stay application. Respondent Smt. Nafeesa Fatima and another raised no objection to the prayer. The learned counsel for the petitioner and respondent were heard, and the High Court, after reviewing the record, ordered that the petition be disposed of and directed the appellate court to decide the stay application at the earliest, preferably on the next date of hearing. The order effectively directs the lower appellate court to dispose of the pending stay application with expedition.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a direction to an Additional District Judge to decide a pending stay application in a civil appeal.
Subjects
- Article 227
- supervisory jurisdiction
- stay application
- civil appeal
- direction to lower court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5124 of 2026
Abdul Hameed And 2 Others
.....Petitioner(s)
Versus
Smt. Nafeesa Fatima And Another
.....Respondent(s)
Counsel for Petitioner(s) : Vijai Shanker Tripathi, Vinod Shankar
Tripathi
Counsel for Respondent(s) : Arun Kumar Singh
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
In Re: Civil Misc. Amendment Application No. 2 of 2026
1. Learned counsel for the defendant-petitioner seeks to withdraw the
present amendment application.
2. Accordingly, the amendment application is dismissed as withdrawn.
Order on Petition
3. Heard Sri Vinod Shankar Tripathi, learned counsel for the petitioner and
Sri Arun Kumar for the defendant.
4. The sole relief claimed in the present petition is for a direction to theCourt
of Additional District Judge, Court No. 6, Bareilly to decide the stay
application dated 05.07.2025 pending in Civil Appeal No. 33 of 2024.
5. Learned counsel for the respondent has no objection to the same.
6. Considering the submission so made across the bar and after perusing the
record, the present petition stands disposed of requiring the appellate court
to decide the stay application which is stated to be pending in Civil Appeal
No. 33 of 2024 with most expedition preferably on the next date, if it cannot
be decided on the next date then fix another date.
May 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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