Allahabad High Court
SACHIN KUMAR SHARMA AND ANOTHERversusHARENDRA AND 2 OTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Senior Division Civil Judge to decide the pending civil suit expeditiously.
Summary
The petitioners, Sachin Kumar Sharma and another, filed a writ petition under Article 227 seeking a direction to the trial court to decide Civil Suit No. 2112 of 2024 (Harendra and others v. Sharma) expeditiously, alleging that delay would cause irreparable loss. The petition alleged that the respondents, who are plaintiffs in the civil suit, were seeking declaration and permanent injunction. The High Court observed that the civil suit is already pending before the Senior Division Civil Judge, Gautam Buddha Nagar, and that keeping the writ petition pending would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the trial court to decide the suit as per its roster. The order effectively dismisses the petition while ensuring the underlying suit proceeds without further delay.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a trial court to expedite a pending civil suit
- Whether the High Court should issue notices to the respondents in the writ petition
Subjects
- Article 227
- writ petition
- civil suit
- expeditious disposal
- injunction
- irreparable loss
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6187 of 2026
Sachin Kumar Sharma And Another
.....Petitioner(s)
Versus
Harendra And 2 Other
.....Respondent(s)
Counsel for Petitioner(s) : Atul Kumar
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 Trial Court to decide the proceeding of the Civil Suit No. 2112 of 2024 (
Harenda and Others Vs. Sachin Kumar Sharma and Another) filed by the
respondents/plaintiffs seeking declaration and permanent injunction,
expeditiously in a stipulated period that is pending before Learned Civil
Judge (Senior Division), Gautam Buddha Nagar, otherwise Defendant No. 1
and 2 /Petitioners/Defendant No. 1 and 2 /Petitioners will suffer irreparable
loss and injury..
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), Gautam Buddha Nagar to decide the
proceeding of the Civil Suit No. 2112 of 2024 (Harenda and Others Vs.
Sachin Kumar Sharma and Another), as per roster.
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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