Allahabad High Court
SMT. SUNEETA DEVIversusRAM BHAWAN YADAV AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge (Senior Division) Allahabad to decide the application under Order 39 Rule‑1 of the CPC expeditiously, ensuring service of notice and a hearing.
Summary
Smt. Suneeta Devi filed a writ petition seeking a direction to the Civil Judge (Senior Division) Allahabad to decide an application filed on 17‑10‑2022 under Order 39 Rule‑1 of the CPC in Original Suit No. 742/2022. The petitioner argued that the application should be decided expeditiously. The Court observed that the suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and directed the Civil Judge to decide the application promptly, ensuring that notice is served on all respondents and that they are given a hearing and a reasonable opportunity to lead evidence, subject to the absence of any legal impediment. The order thus aims to expedite the pending civil proceedings while safeguarding procedural fairness.
Issues considered
- Whether the High Court should direct the Civil Judge to decide the application under Order 39 Rule‑1 of the CPC expeditiously
- Whether the writ petition should remain pending given the existence of the pending suit
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1
Subjects
- Writ petition
- Order 39
- Civil Procedure Code
- Expeditious disposal
- Service of notice
- Hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6006 of 2026
Smt. Suneeta Devi
.....Petitioner(s)
Versus
Ram Bhawan Yadav And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kavindra Singh
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Supplementary affidavit, filed today, is taken on record.
2. Heard.
3. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
4. The solitary relief claimed in the present writ petition for a writ, order or
direction to the Civil Judge (Senior Div.) Allahabad to decide the
Application of 6C under order 39 rule-1 of C.P.C dated 17.10.2022 in
Original Suit No.742/2022, within pending before it within stipulated time,
as may deem fit and proper by this Hon'ble Court.
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 (Senior Div.) Allahabad to decide the Application of 6C
under order 39 rule-1 of C.P.C dated 17.10.2022 in Original Suit
No.742/2022, in accordance with law, expeditiously, 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 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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