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Allahabad High Court

SHYAM SHARAN AND ANOTHERversusBARASATI AND 3 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Junior Division), Court No. 10, Deoria to decide the restoration application expeditiously, preferably within six months.

Summary

The petitioners, Shyam Sharan and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Court No. 10, Deoria, to decide a pending Restoration Application (4‑G) filed in Misc. Case No. 187 of 2011, which arose out of an earlier suit (Original Suit No. 1875/97). The High Court noted that the lower‑court matter was already pending and that keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the restoration application expeditiously, preferably within six months, without unnecessary adjournments, subject to any legal impediment. The order was signed on 6 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can, under Article 227, issue a mandatory direction to a subordinate civil court to decide a pending restoration application within a specified time.

Subjects

  • Article 227
  • Writ petition
  • Restoration application
  • Civil Judge (Junior Division)
  • Expeditious disposal
  • Subordinate court direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5850 of 2026

                                    Shyam Sharan And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Barasati And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Sudhakar Singh
                                    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 Civil Judge (Junior Division), Court No. 10, Deoria to decide the
                                    Restoration Application (4-G) bearing Misc. Case No. 187 of 2011 filed by
                                    the petitioners in Misc. Case No. 240 of 2004 in Original Suit No. 1875/97
                                    (Chandra Bhushan Choubey Versus Barsati and others) which is pending
                                    before the Civil Judge (Jr. Div.), Court No.-10, Deoria expeditiously, within
                                    the stipulated period of time.

                                    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 Civil Judge (Junior Division), Court No. 10, Deoria to decide the
                                    Restoration Application (4-G) bearing Misc. Case No. 187 of 2011 filed by
                                    the petitioners in Misc. Case No. 240 of 2004 in Original Suit No. 1875/97
                                    (Chandra Bhushan Choubey Versus Barsati and others), expeditiously,
                                    preferably within six 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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