Created by Fuzzy Cloud

Allahabad High Court

AYESHAversusSMT. KHAIRUNNISHA AND 2 OTHERS

Decided

Holding

The petition is disposed of with a direction to the Civil Judge (Jr. Division), Maharajganj to decide the pending application within eight months.

Summary

The petitioner, Ayesha, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Maharajganj, to decide an application filed by her in O.S. No. 21 of 2025. The petition sought an expeditious decision on that pending application. The Court observed that, as the application was still pending, retaining the writ petition served no useful purpose. Accordingly, the Court disposed of the writ petition and directed the lower court to decide the application within eight months, subject to the absence of any other legal impediment. The order was pronounced on 6 May 2026.

Issues considered

  • Whether the High Court should issue a direction to the subordinate court to decide the pending application in O.S. No. 21 of 2025.

Subjects

  • Article 227
  • writ petition
  • direction to lower court
  • civil procedure
  • judicial review

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5800 of 2026

                                    Ayesha
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Smt. Khairunnisha And 2 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                              :    M.J. Akhtar
                                    Counsel for Respondent(s)                              :

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

                                    1. Heard.

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

                                    3. The solitary relief claimed in the present writ petition for a direction to the
                                    court below i.e. Civil Judge (Jr. Division), Maharajganj to decide the 6ga
                                    application filed by petitioner in O.S. No. 21 of 2025 (Ayesha and others Vs.
                                    Smt. Khairunnisha and others).

                                    4. Learned counsel prayed that the said application may be decided,
                                    expeditiously.

                                    5. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to the court below i.e. Civil Judge (Jr. Division), Maharajganj to decide the
                                    6ga application filed by petitioner in O.S. No. 21 of 2025 (Ayesha and others
                                    Vs. Smt. Khairunnisha and others), 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.