Allahabad High Court
BAIJNATHversusSMT. UMA DEVI AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of, with a direction to the Civil Judge to decide the pending suit expeditiously, ensuring due process.
Summary
Petitioner Baijnath filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Kanpur Nagar, to decide a pending suit (Case No. 128 of 2024) for permanent and declaratory injunction filed by Smt. Uma Devi. The petitioner argued that the suit needed to be decided expeditiously and that the writ petition was the appropriate vehicle to compel the civil court's action. The Court observed that the suit was already pending and that issuing notices in the writ petition would serve no useful purpose. Consequently, the Court held that the writ petition could be disposed of without further orders, directing the civil court to decide the suit promptly, ensuring service of notice and hearing to all parties. The direction emphasized compliance with law, roster scheduling, and the opportunity for parties to lead evidence, provided no other legal impediment exists. The petition was therefore disposed of with the specific direction to the civil court.
Issues considered
- Whether a writ petition under Article 227 can be used to direct a civil court to decide a pending suit for injunction.
- Whether the writ petition should be entertained when the underlying suit is already pending before the civil court.
Subjects
- Article 227
- writ petition
- civil court jurisdiction
- injunction
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6232 of 2026
Baijnath
.....Petitioner(s)
Versus
Smt. Uma Devi And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Srivastava
Counsel for Respondent(s) : Shiv Prakash Gupta
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 for a direction to
the learned Civil Judge (Sr. Division), Kanpur Nagar to decide the Suit for
permanent injunction and declaratory injunction being Case No. 128 of 2024
(Smt. Uma Devi VS. Baijnath and others).
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 learned Civil Judge (Sr. Division), Kanpur Nagar to decide the Suit
for permanent injunction and declaratory injunction being Case No. 128 of
2024 (Smt. Uma Devi VS. Baijnath and others), in accordance with law,
expeditiously as per roster, after ensuring service of notice upon all the
respondents and providing opportunity of hearing to all the concerned parties
as well as giving a reasonable opportunity of leading evidence in respect of
their case, provided there is no other legal impediment.
May 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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