Allahabad High Court
ASHISH KUMAR SINGHversusLALIT KUMAR AND 6 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Civil Judge (J.D.) Nagina to decide the stay‑vacation application and objection within eight months, after due process.
Summary
Ashish Kumar Singh filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) in Nagina, Bijnor, to decide a stay‑vacation application and an objection dated 14 November 2025 against an interim injunction in case No. 1155 of 2022 (Lalit Kumar & others v. Atul Kumar & others). The petitioner argued that the pending suit required an expeditious decision. The High Court observed that the underlying suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition but issued a direction that the Civil Judge decide the stay‑vacation application and objection within eight months, after serving notice to all respondents, granting a hearing, and allowing evidence, unless a legal impediment exists. The order was pronounced on 6 May 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the High Court can direct the lower civil court to decide a pending stay‑vacation application and objection in a suit.
- Whether the writ petition should be dismissed with a direction for the lower court to decide the matter within a specified time.
Subjects
- Article 227
- writ petition
- stay vacation
- interim injunction
- Civil Judge
- direction
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5876 of 2026
Ashish Kumar Singh
.....Petitioner(s)
Versus
Lalit Kumar And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Kumar Shukla, Rohit Nandan Shukla
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 direction to the
issue an appropriate order or direction, directing the Civil Judge (J.D.)
,Nagina, District Bijnor to decide the Stay Vacation Application and the
objection dated 14.11.2025 filed by the petitioner against the interim
injunction in Case No. 1155 of 2022 (Lalit Kumar and others Vs. Atul
Kumar and others).
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 issue an appropriate order or direction, directing the Civil Judge (J.D.)
Nagina District Bijnor to decide the Stay Vacation Application and the
objection dated 14.11.2025 filed against the interim injunction in Case No.
1155 of 2022 (Lalit Kumar and others Vs. Atul Kumar and others), in
accordance with law, within a period of eight months, 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
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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