Allahabad High Court
SUMITRAversusGIRIJESH SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Civil Judge (Junior Division) Kushinagar to decide the pending suit within eight months.
Summary
The petitioner, Sumitra, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Kushinagar to decide a pending suit for cancellation of a sale deed (case no. 19 of 2023). The petition sought an expeditious decision on the suit and the accompanying 6C application. The Court observed that the suit is already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and directed the civil judge to decide the suit within eight months, provided there is no other legal impediment. The order was passed on May 5, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether the High Court should issue a direction to the lower civil court to decide the pending suit for cancellation of the sale deed.
- Whether the writ petition should be dismissed as it serves no useful purpose while the suit is pending.
Subjects
- Article 227
- writ petition
- civil suit
- cancellation of sale deed
- direction to lower court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6237 of 2026
Sumitra
.....Petitioner(s)
Versus
Girijesh Singh
.....Respondent(s)
Counsel for Petitioner(s) : Anubhav Pandey, Ashutosh Kumar
Shukla
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 for a direction to
the Civil Judge (Junior Division) Kushinagar to decide the the Suit for
cancellation of sale deed bearing case no. 19 of 2023 (Sumitra Vs. Girijesh
Singh) pending before the Civil Judge (Junior Division), Kushinagar at
Padrauna alongwith 6C application.
4. Learned counsel prayed that the said application 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) Kushinagar to decide the the Suit for
cancellation of sale deed bearing case no. 19 of 2023 (Sumitra Vs. Girijesh
Singh) pending before the Civil Judge (Junior Division), Kushinagar at
Padrauna alongwith 6C application, in accordance with law, within a period
of eight months as per roster 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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