Allahabad High Court
SANGAM SHAKAHARI BHOJNALAYAversusMOHAMMAD HASHRAT
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of, with a direction to the Additional Civil Judge to decide the pending application expeditiously after due notice and hearing.
Summary
The petitioner, Sangam Shakahari Bhojnalaya, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (JD) of Kanpur Nagar to decide an application (paper no.141c2 dated 08.07.2019) filed in the original suit No. 890 of 2017 against Mohammad Hashrat. The petitioner argued that the application should be decided expeditiously. The Court observed that the underlying suit is still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the Additional Civil Judge to decide the application expeditiously, after serving notice to all respondents and providing them an opportunity of hearing and evidence, subject to no other legal impediment.
Issues considered
- Whether a writ petition under Article 227 seeking a direction to a lower court to decide a pending application is maintainable
- Whether the High Court should issue notices to the respondents before directing the lower court to decide the application
Subjects
- Article 227
- writ petition
- civil procedure
- expeditious disposal
- application paper
- notice and hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5816 of 2026
Sangam Shakahari Bhojnalaya
.....Petitioner(s)
Versus
Mohammad Hashrat
.....Respondent(s)
Counsel for Petitioner(s) : Prakhar Tandon
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 writ, order or
direction to the learned Additional Civil Judge (JD), Court No.-2, Kanpur
Nagar to decide the application paper no.141c2 dated 08.07.2019 filed by the
plaintiff in Original suit no. 890 of 2017 (Sangam Shakahari Bhojnalaya vs.
Mohammad Hashrat), pending before it within stipulated time, as may deem
fit and proper by this Hon'ble Court.
4. Learned counsel prayed that the said suit 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 learned Additional Civil Judge (JD), Court No.-2, Kanpur Nagar to
decide the application paper no.141c2 dated 08.07.2019 filed by the plaintiff
in Original suit no. 890 of 2017 (Sangam Shakahari Bhojnalaya vs.
Mohammad Hashrat), in accordance with law, expeditiously, after ensuring
service of notice upon all the respondents and providing opportunity of
hearing to all the concerned parties as well as giving a reasonable
opportunity of leading evidence in respect of their case, provided there is no
other legal impediment.
May 6, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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