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Allahabad High Court

DHANARA @ DHANARI DEVIversusSAMARNATH

Decided

Holding

The Court directed the Civil Judge to decide the pending suit expeditiously and disposed of the writ petition.

Summary

The petitioner, Dhanara @ Dhanari Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), City, Jaunpur to decide the pending Original Suit No. 104 of 2021 against Samarnath expeditiously. The petitioner’s counsel requested that the suit be decided within a fixed period. The Court observed that since the suit was already pending, keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition while directing the Civil Judge to decide the suit as soon as possible, subject to any legal impediment. No notices were issued to the respondent.

Issues considered

  • Whether a writ petition under Article 227 seeking a direction for expeditious disposal of a pending civil suit is maintainable.
  • Whether the High Court should dismiss the writ petition when the suit is already pending before the subordinate court.

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious disposal
  • jurisdiction
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6202 of 2026

                                    Dhanara @ Dhanari Devi
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Samarnath
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Anurag 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 Civil Judge (Junior Division), City, Jaunpur to decide the Original Suit
                                    No. 104 of 2021 (Dhanara @ Dhanari Devi vs. Samarnath), pending before
                                    the learned Civil Judge (Junior Division), City, Jaunpur, expeditiously
                                    preferably within the stipulated period as may be fixed by this 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 (Junior Division), City, Jaunpur to decide the Original
                                    Suit No. 104 of 2021 (Dhanara @ Dhanari Devi vs. Samarnath),
                                    expeditiously, 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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