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Allahabad High Court

SMT. HOSHIYARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The writ petition is disposed of with a direction to the District & Sessions Judge, Bulandshahr, to decide the stay application within eight months, subject to the absence of any legal impediment.

Summary

The petitioner, Smt. Hoshiyari, filed a writ petition under Article 227 seeking a direction to the Learned District & Sessions Judge, Bulandshahr, to decide her application dated 16 September 2025 for a stay of execution proceedings arising from a judgment dated 20 August 2025 in Civil Case No. 862 of 2025. The High Court noted that the underlying civil case was still pending and that issuing notices to the respondent was unnecessary. It held that keeping the writ petition pending would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the District Judge to decide the stay application within eight months, provided no other legal impediment exists. The order was pronounced on 6 May 2026.

Issues considered

  • Whether the High Court can direct the District & Sessions Judge to decide a pending application for stay of execution under its supervisory jurisdiction under Article 227.

Subjects

  • Article 227
  • writ petition
  • stay of execution
  • civil procedure
  • judicial supervision
  • district court direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5793 of 2026

                                    Smt. Hoshiyari
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Anil Pratap Singh Raghav
                                    Counsel for Respondent(s)                :   C.S.C.

                                    Court No. - 5
                                                        HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order which is being proposed to be passed, notices are not
                                    being issued to the respondent.

                                    3. The sole relief claimed in the present petition is for a direction to the
                                    Learned District & Sessions Judge, Bulandshahr to decide the application of
                                    the petitioner/defendant dated 16.9.2025 regarding staying execution
                                    proceeding pending before him arising out of the judgment and order dated
                                    20.8.2025 passed by the Civil Judge (S.D.) Court No.2 Bulandshahar vide
                                    civil Case No. 862 of 2025 between Rajendra Singh/respondent no.2 and
                                    petitioner.

                                    4. Since the above-mentioned case 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 Learned District & Sessions Judge, Bulandshahr to decide the
                                    application dated 16.9.2025 regarding staying execution proceeding pending
                                    before him arising out of the judgment and order dated 20.8.2025 passed by
                                    the Civil Judge (S.D.) Court No.2 Bulandshahar vide Civil Case No. 862 of
                                    2025 between Rajendra Singh/respondent no.2 and petitioner, in accordance
                                    with law, within a period of eight months provided there is no other legal
                                    impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                             (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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