Allahabad High Court
MANOJ KUMARversusMAHKAR AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition and directed the Additional District Judge to decide the pending civil appeal expeditiously, without unnecessary adjournments.
Summary
The petitioner, Manoj Kumar, filed a writ petition under Article 227 seeking a direction to the Additional District Judge, Gautam Budh Nagar, to hear and decide Civil Appeal No.161/2024 (Manoj Kumar vs Mahkar and others) as early as possible. The petitioner argued that the appeal needed expeditious disposal to meet the ends of justice. The High Court noted that the petition sought a solitary relief of directing the lower court and that keeping the writ petition pending served no useful purpose while the appeal was already pending. Consequently, the Court disposed of the writ petition, issuing a direction to the Additional District Judge to decide the appeal expeditiously, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to expedite the hearing and disposal of a pending civil appeal
- Whether the writ petition seeking such a direction should be entertained or dismissed
Subjects
- Article 227
- writ petition
- expeditious disposal
- civil appeal
- judicial direction
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6206 of 2026
Manoj Kumar
.....Petitioner(s)
Versus
Mahkar And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Awadhesh Kumar Mishra
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 court below that he will hear and decide the Civil Appeal No.161/2024
(Manoj Kumar vs Mahkar and others) pending before Learned Additional
District Judge-6, Gautam Budh Nagar, as early as possible within stipulated
time as fixed by this Hon'ble Court to meet 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 Additional District Judge-6, Gautam Budh Nagar to decide the Civil
Appeal No.161/2024 (Manoj Kumar vs Mahkar and others), expeditiously,
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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