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Allahabad High Court

ARVIND MOHAN GAURversusSANT LAL YADAV AND 12 OTHERS

Decided

Holding

The High Court directed the Additional Civil Judge to decide the suit expeditiously within eight months, thereby disposing of the writ petition.

Summary

The petitioner, Arvind Mohan Gaur, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (J.D.) Court, Prayagraj, to decide the pending Original Suit No. 696 of 2025 within a stipulated period. The petition specifically invoked Order 39 Rule 1,2 read with Section 151 of the Code of Civil Procedure to compel expeditious disposal. The High Court noted that the suit was already pending since 27‑08‑2025 and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the lower court to decide the suit preferably within eight months, without unnecessary adjournments, subject to any legal impediment. The order reflects the Court’s supervisory jurisdiction to ensure timely justice in subordinate courts.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending suit within a specified time frame under Order 39 Rule 1,2 and Section 151 of the CPC

Legislation cited

Subjects

  • Article 227
  • Writ Petition
  • Civil Procedure Code
  • Order 39
  • Expeditious Disposal
  • Adjournment

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5856 of 2026

                                    Arvind Mohan Gaur
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Sant Lal Yadav And 12 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Vinay Kumar Dwivedi, Vinod Kumar
                                                                       Ojha
                                    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 Additional Civil Judge (J.D.) Court/Room No.5, Prayagraj to decide the
                                    case bearing application 6C Under Order 39 Rule 1, 2 read with section 151
                                    C.P.C. arising out of Original Suit No. 696 of 2025 (Arvind Mohan Gaur Vs.
                                    Sant Lal Yadav and others) pending before Additional Civil Judge (J.D.)
                                    Court/ Room No. 05, Prayagraj since 27.08.2025, 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 (J.D.) Court/Room No.5, Prayagraj to decide
                                    the case bearing application 6C Under Order 39 Rule 1, 2 read with section
                                    151 C.P.C. arising out of Original Suit No. 696 of 2025 (Arvind Mohan
                                    Gaur Vs. Sant Lal Yadav and others), 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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