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Allahabad High Court

CHHEDI LALversusASHA DEVI

Decided

Holding

The writ petition is disposed of, with a direction to the Civil Judge (Senior Division), Prayagraj, to decide the Order 39 Rule 1 application within eight months, without unnecessary adjournments.

Summary

The petitioner, Chhedi Lal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Prayagraj, to decide an application filed under Order 39 Rule 1 in Original Suit No. 1700 of 2024 (Chhedi Lal v. Asha Devi) within a specified time. The petitioner argued that the application should be decided expeditiously. The Court observed that keeping the writ petition pending served no useful purpose while the original suit was still pending. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the application within eight months, without unnecessary adjournments, subject to any legal impediment. The direction is intended to ensure prompt disposal of the pending application.

Issues considered

  • Whether a High Court can issue a direction under its supervisory jurisdiction (Article 227) to a civil court to decide an application under Order 39 Rule 1 within a stipulated time.

Legislation cited

Subjects

  • Writ petition
  • Article 227
  • Order 39 Rule 1
  • Civil Procedure Code
  • Expeditious disposal
  • Supervisory jurisdiction
  • Civil suit

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6165 of 2026

                                    Chhedi Lal
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Asha Devi
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           : Narayan Dutt Shukla, Sumit Yadav
                                    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 (Senior Division), Prayagraj to decide Application under
                                    Order 39 Rule 1 pending in Original Suit No. 1700 of 2024 (Chhedi Lal vs.
                                    Asha Devi) within a period specified by the 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 Division), Prayagraj to decide Application under
                                    Order 39 Rule 1 pending in Original Suit No. 1700 of 2024 (Chhedi Lal vs.
                                    Asha Devi), expeditiously, preferably within eight months, strictly in
                                    accordance with law, without granting any unnecessary adjournments,
                                    subject to legal impediment.

                                    May 5, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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