Allahabad High Court
SMT. SHARAD KUMARI AND 5 OTHERSversusSURENDRA VERMA AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (SD) to decide the execution application expeditiously, within eight months, and disposed of the writ petition.
Summary
The petitioners, Smt. Sharad Kumari and five others, filed a writ petition under Article 227 seeking a direction to the Civil Judge (SD) at Padrauna, District Kushinagar, to consider and decide an execution application dated 2 April 2026 filed under Order 39 Rule 2A and Section 151 of the Code of Civil Procedure in Suit No.115/2026. The petition sought an expeditious disposal of the execution application to secure the ends of justice. The Court observed that the execution application is pending in the underlying suit and that keeping the writ petition pending would serve no useful purpose. Consequently, the Court directed that the execution application be decided expeditiously, preferably within eight months, without unnecessary adjournments, subject to any legal impediment. The petition was therefore disposed of with the said direction. No notice was issued to the respondents as the order was deemed final.
Issues considered
- Whether a High Court can issue a direction under Article 227 to a civil judge to expedite the consideration of an execution application filed under Order 39 Rule 2A and Section 151 CPC.
Legislation cited
- Code of Civil Procedure — s. Order 39 Rule 2A, Section 151
Subjects
- Writ petition
- Article 227
- Execution application
- CPC
- Expeditious disposal
- Civil Judge
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6186 of 2026
Smt. Sharad Kumari And 5 Others
.....Petitioner(s)
Versus
Surendra Verma And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Pratap Singh
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 (SD) Padrauna, District Kushinagar to consider and decide
the execution Application dated. 2.4.2026 filed under order 39 Rule-2A and
151 of C.P.C. in Suit No.115/2026 (Sharad Kumari Devi and others Vs
Surendra Verma and others) most expeditiously to secure the ends of justice.
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 (SD) Padrauna, District Kushinagar to consider and decide
the execution Application dated. 2.4.2026 filed under order 39 Rule-2A and
151 of C.P.C. in Suit No.115/2026 (Sharad Kumari Devi and others Vs
Surendra Verma 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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