Allahabad High Court
KARMVEER SINGHversusPRITI CHAUHAN
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Additional Civil Judge (Senior Division) to allow the application under Order 39 Rule 1 and decide the original suit expeditiously.
Summary
The petitioner, Karmveer Singh, filed a writ petition under Article 227 seeking the High Court to direct the Additional Civil Judge (Senior Division) in Gautambudhanagar to (i) allow his application under Order 39 Rule 1 of the CPC in Original Suit No. 277 of 2021, restraining the respondent from disturbing his possession of several land plots, and (ii) decide the original suit expeditiously. The petition argued that the pending suit required prompt disposal to prevent further disturbance of possession. The Court noted that keeping the writ petition pending served no useful purpose while the suit was already pending before the lower court. Consequently, the Court disposed of the writ petition, directing the lower court to dispose of the application and decide the original suit within eight months, without unnecessary adjournments, subject to legal impediments. The order emphasizes expeditious disposal in accordance with law.
Issues considered
- Whether the High Court can, under Article 227, direct a lower civil court to dispose of an application under Order 39 Rule 1 of the CPC and to decide the original suit expeditiously.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1
Subjects
- Article 227
- Order 39 Rule 1
- expeditious disposal
- civil suit
- possession
- injunction
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6212 of 2026
Karmveer Singh
.....Petitioner(s)
Versus
Priti Chauhan
.....Respondent(s)
Counsel for Petitioner(s) : Dheer Singh, Ram Bahadur Singh,
Suresh 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 present petition has been filed seeking the following reliefs:
"I. direct the court of Additional Civil Judge (Senior Gautambudhanagar to Division)-
1. dispose of and allow the plaintiff application under order 39 Rule 1 of C.P.C.,
Paper No.6C in Original Suit No.277 of 2021 (Karmveer Singh Vs. Priti Chauhan)
restraining the defendant Priti Chauhan from disturbing possession of plaintiff over
the land plot no.74Kha in Khata No.107 area 0.380 and land plot no.75kha area
0.0440 hectare and plot no.76Kha area 0.0380 hectare and plot no.81Kha area
0.0320 hectare situated in village Habibpur, Pargana-Dadari, Tehsil-Sadar, District
Gautambudhanagar for during pendency of original suit within 30 days.
II. Directing the Additional Civil Judge (Senior Division)-1, Gautambudhanagar to
finally decide the Original Suit No.277 of 2021 (Karmveer Singh Vs. Priti Chauhan)
expeditiously within stipulated time and to pass any order."
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 Civil Judge (Senior Division)-1. Gautambudhanagar to
dispose of and allow the plaintiff application under order 39 Rule 1 of
A227 No. 6212 of 2026
2
C.P.C., Paper No.6C in Original Suit No.277 of 2021 (Karmveer Singh Vs.
Priti Chauhan), expeditiously, preferably within eight months, and further
with a direction to the Additional Civil Judge (Senior Division)-1,
Gautambudhanagar to decide the Original Suit No.277 of 2021 (Karmveer
Singh Vs. Priti Chauhan), 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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