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Allahabad High Court

PUNWASIversusBECHAN SINCE DECEASED AND 3 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Additional Civil Judge to decide the restoration application expeditiously within eight months.

Summary

The petitioner, Punwasi, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No.19, Azamgarh, to decide a Restoration Application (Paper No. 4 Ga 2) that was filed as Misc. Case No. 01/2020 in Civil Suit No. 1330/2012 and has been pending since 2 July 2020. The petition alleged that the lower court had unduly delayed the application and requested an expeditious decision. The High Court observed that keeping the writ petition pending served no useful purpose while the underlying case remained unresolved. Consequently, the Court disposed of the writ petition and issued a directive that the lower court decide the restoration application within eight months, without unnecessary adjournments, subject to any legal impediment. The order was pronounced on 6 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can, under Article 227, direct a lower court to decide a pending restoration application within a stipulated time.

Legislation cited

Subjects

  • Article 227
  • writ petition
  • restoration application
  • Civil Procedure Code
  • supervisory jurisdiction
  • expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5829 of 2026

                                    Punwasi
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Bechan Since Deceased And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Nand Lal Yadav, Prem Chandra
                                    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 is for a direction to
                                    the Court of Additional Civil Judge (Junior Division), Court No.19,
                                    Azamgarh to decide the Restoration Application(Paper No. 4 Ga 2)
                                    registered as Misc. Case No. 01/2020 filed in Civil Suit No. 1330/2012 by
                                    the Defendant/Petitioner under Order 9 Rule 13 r/w Sec 151 C.P.C, Punwasi
                                    V. Bechan and other, pending before the aforesaid Court since 02/07/2020
                                    within a stipulated period.

                                    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 Additional Civil Judge (Junior Division), Court No.19, Azamgarh to
                                    decide the Restoration Application(Paper No. 4 Ga 2) registered as Misc.
                                    Case No. 01/2020 filed in Civil Suit No. 1330/2012, Punwasi V. Bechan and
                                    other, expeditiously, preferably within eight months, strictly in accordance
                                    with law, without granting any unnecessary adjournments, subject to legal
                                    impediment.

                                    May 6, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)



Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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