Allahabad High Court
BHAVESH NARAIN MISHRA AND ANOTHERversusCHAKRESH NARAYAN MISHRA AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Junior Division), Bansgaon, to decide the pending Order 7 Rule 11 (16C) application expeditiously and disposed of the writ petition.
Summary
The petitioners sought a writ directing the Civil Judge (Junior Division), Bansgaon, Gorakhpur to decide an application filed under Order 7 Rule 11 (16C) of the Civil Procedure Code, which had been pending since 13 October 2025 in Civil Suit No. 457 of 2025. The High Court observed that keeping the writ petition pending would serve no useful purpose while the underlying suit was still pending. Consequently, the Court disposed of the writ petition and issued a direction that the lower court decide the application expeditiously, preferably within one year, without unnecessary adjournments, subject to any legal impediment. No substantive legal issues were debated beyond the procedural propriety of the direction. The order was pronounced on 5 May 2026.
Issues considered
- Whether the High Court may issue a direction to a subordinate civil court to decide an application under Order 7 Rule 11 (16C) expeditiously
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 7 Rule 11 (16C)
Subjects
- Civil Procedure Code
- Order 7 Rule 11
- Writ petition
- Expeditious disposal
- Adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6183 of 2026
Bhavesh Narain Mishra And Another
.....Petitioner(s)
Versus
Chakresh Narayan Mishra And Another
.....Respondent(s)
Counsel for Petitioner(s) : Kartikey Dubey, Man Mohan Mishra,
Mrityunjay Pandey
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 (Junior Division), Bansgaon, Gorakhpur to decide the
Application under Order 7 Rule 11 (16C) filed by the petitioner pending
since 13.10.2025 filed in Civil Suit No. 457 of 2025 (Chakresh Narayan
Mishra and Ors. Vs. Raj Narayan Mishra and others) pending before him,
within stipulated time which this Hon'ble court may deem fit and proper
under the facts and circumstances of the case.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction
to the Civil Judge (Junior Division), Bansgaon, Gorakhpur to decide the
Application under Order 7 Rule 11 (16C) filed by the petitioner pending
since 13.10.2025 filed in Civil Suit No. 457 of 2025 (Chakresh Narayan
Mishra and Ors. Vs. Raj Narayan Mishra and others), expeditiously,
preferably within one year, 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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