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Allahabad High Court

SUKHVEER SINGH ALIAS SUKHVEERDASversusTHAKUR HANUMAN JI MAHARAJ VIRAJMAN AND 16 OTHERS

Decided

Holding

The writ petition is disposed of, with a direction to the Additional Civil Judge to decide the pending 7C application within eight months.

Summary

The petitioner, Sukhveer Singh, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division) Court No.9, Mathura, to decide a 7C application filed in Original Suit No.388 of 2009. The petition was the sole relief sought, and counsel for the petitioner requested an expeditious decision. The Court observed that the underlying suit and the 7C application were still pending, rendering the continuation of the writ petition purposeless. Consequently, the Court ordered the petition to be disposed of, while simultaneously directing the lower court to decide the 7C application within eight months, provided no other legal impediment arises. The order was pronounced by Justice Vikas Budhwar on May 6, 2026.

Issues considered

  • What is the appropriate remedy for a writ petition seeking a direction to a lower court to decide a pending application?
  • Whether the writ petition should be kept pending when the substantive matter before the lower court is still unresolved?

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • direction to lower court
  • expeditious disposal
  • 7C application

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6286 of 2026

                                    Sukhveer Singh Alias Sukhveerdas
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    Thakur Hanuman Ji Maharaj Virajman And 16
                                    Others                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Akhila Nand Pandey, Nilam Pandey
                                    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
                                    Additional Civil Judge (Junior Division) Court No.9 Mathura to decide 7C
                                    application filed by plaintiff-respondents in Original Suit No.388 of 2009,
                                    (Thakur Hanuman Ji Maharaj Mandir & another versus Rajveer Singh &
                                    others).

                                    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 Additional Civil Judge (Junior Division) Court No.9 Mathura to
                                    decide 7C application filed by plaintiff-respondents in Original Suit No.388
                                    of 2009, (Thakur Hanuman Ji Maharaj Mandir & another versus Rajveer
                                    Singh & others), in accordance with law, within a period of eight months
                                    provided there is no other legal impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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