Allahabad High Court
BIRENDRA BANSALversusANIL MITTAL AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the learned Civil Judge (SD) to expedite and decide the pending suit for mandatory and permanent injunction, without granting unnecessary adjournments.
Summary
The petitioner, Birendra Bansal, filed a writ petition under Article 227 seeking a direction to the learned Civil Judge (SD) Gautam, Buddh Nagar, to expedite the pending Original Suit No.1189 of 2009 (Anil Mittal vs. Birendra Bansal) for a mandatory and permanent injunction. The petition alleged that the suit was being unduly delayed and that a court order was necessary to prevent further adjournments. The High Court noted that the suit was still pending and that issuing a direction would serve the purpose of ensuring a speedy resolution. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the suit expeditiously, without unnecessary adjournments, after proper service of notice and hearing of all parties. The order emphasized compliance with law and the need for a reasonable opportunity to lead evidence, provided no other legal impediment exists.
Issues considered
- Whether the High Court can issue a direction under Article 227 to a subordinate civil judge to expedite a pending suit for mandatory injunction
- Whether such direction is necessary to prevent undue delay in the adjudication of the original suit
Subjects
- Article 227
- writ petition
- mandatory injunction
- expeditious trial
- civil procedure
- subordinate court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6275 of 2026
Birendra Bansal
.....Petitioner(s)
Versus
Anil Mittal And Another
.....Respondent(s)
Counsel for Petitioner(s) : Kaushalendra Nath Singh, Nishi Sengar
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
learned Civil Judge (SD) Gautam Buddh Nagar to expedite and decide the
Original Suit no.1189 of 2009 (Anil Mittal Vs. Birendra Bansal) for
mandatory and permament injunction pending before the learned Civil Judge
(SD) Gautam Buddh Nagar.
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 (SD) Gautam Buddh Nagar to expedite and decide
the Original Suit no.1189 of 2009 (Anil Mittal Vs. Birendra Bansal) for
mandatory and permanent injunction pending before the learned Civil Judge
(SD) Gautam Buddh Nagar, in accordance with law, expeditiously without
granting unnecessary adjournment, 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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