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Allahabad High Court

MOHAMMAD ABDULLAH AND 3 OTHERSversusMOHAMMAD UMAR AND 4 OTHERS

Decided

Holding

The writ petition is disposed with a direction to the Additional Civil Judge to finally decide the pending application expeditiously, preferably within eight months.

Summary

The petitioners sought a writ under Article 227 directing the Additional Civil Judge (Junior Division) in Shahganj, Jaunpur to finally decide an application filed on 23 July 2024 under Order 39 Rule 1 & 2 of the CPC in Suit No. 771 of 2024. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, issuing a direction that the lower court decide the application expeditiously, preferably within eight months, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents. The order reflects the High Court's supervisory jurisdiction under Article 227 to ensure timely disposal of pending matters in subordinate courts.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate court to decide a pending application under Order 39 CPC within a specified time frame?

Legislation cited

Subjects

  • Article 227
  • writ petition
  • direction to lower court
  • expeditious disposal
  • Order 39 CPC
  • adjournments
  • supervisory jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6184 of 2026

                                    Mohammad Abdullah And 3 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Mohammad Umar And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Nikhil Kumar Yadav, Vagish 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 Additional Civil Judge (Junior Division), New Court II, Shahganj,
                                    Jaunpur to finally decide the application dated 23.07.2024 under Order 39
                                    Rule 1 & 2 C.P.C. in Suit No. 771 of 2024 (Mohd. Abdullah and others Vs.
                                    Mohd. Umar and others pending in the Court of Additional Civil Judge
                                    (Junior Division), New Court II, Shahganj, Jaunpur within a reasonable time
                                    frame as may be directed by this Hon'ble Court or on the next date fixed in
                                    the matter..

                                    4. 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 (Junior Division), New Court II, Shahganj,
                                    Jaunpur to finally decide the application dated 23.07.2024 under Order 39
                                    Rule 1 & 2 C.P.C. in Suit No. 771 of 2024 (Mohd. Abdullah and others Vs.
                                    Mohd. Umar and others, 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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