Allahabad High Court
SMT. GEETAversusSUNITA AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the subordinate civil court to decide the pending suit and interim injunction application expeditiously within eight months.
Summary
The petitioner, Smt. Geeta, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Basti to decide Original Suit No. 577 of 2017 (Bhanmati v. Sahbaraj Singh) and the accompanying Section 6C application for an interim injunction within a stipulated period. The petitioner argued that the lower court had been unduly delaying the matter and that expeditious disposal was necessary. The High Court noted that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower court to decide both the original suit and the interim injunction application within eight months, without unnecessary adjournments, subject to any legal impediment. The order was issued on May 6, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending suit and a Section 6C application within a specified time frame.
Subjects
- Article 227
- supervisory jurisdiction
- injunction
- expeditious disposal
- civil procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5853 of 2026
Smt. Geeta
.....Petitioner(s)
Versus
Sunita And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajeet Singh, Himanshu 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 present petition has been preferred for seeking the following reliefs:-
"i. Issue an order or direction to the court of learned Civil Judge (Junior Division)
Basti to decide the Original Suit no. 577 of 2017 (Bhanmati vs. Sahbaraj Singh) for
permanent injunction within stipulated period of time.
ii. Issue an order or direction to the court of learned Civil Judge to decide the 6C
application filed by petitioners in Original Suit no. 577 of 2017 (Bhanmati vs.
Sahbaraj Singh) for interim injunction within 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) Basti to decide the Original Suit no. 577
of 2017 (Bhanmati vs. Sahbaraj Singh), expeditiously, and further with a
direction to the Civil Judge to decide the 6C application filed by petitioners
in Original Suit no. 577 of 2017 (Bhanmati vs. Sahbaraj Singh)
expeditiously, preferably within eight months, strictly in accordance with
A227 No. 5853 of 2026
2
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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