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Allahabad High Court

SRI PANKAJ SARSWAT AND 10 OTHERSversusSRI SUBHASH SARSWAT AND 4 OTHERS

Decided

Holding

The petition is disposed with a direction to the subordinate court to decide the application within eight months.

Summary

The petitioners sought a writ directing the Civil Judge (Junior Division) at Koil, Aligarh to decide an application filed under Order XXXIX Rule‑1 & 2 of the Code of Civil Procedure in Original Suit No. 456 of 2024. The High Court noted that the underlying suit was still pending and that keeping the writ petition alive served no useful purpose. Consequently, the Court ordered the petition to be disposed and directed the lower court to decide the application within eight months, subject to the absence of any other legal impediment. No notice was issued to the respondents. The order was signed by Justice Vikas Budhwar on 6 May 2026.

Issues considered

  • Whether the High Court can, under Article 227, issue a direction to a subordinate court to decide an application under Order XXXIX Rule‑1 & 2 CPC within a specified time frame?

Legislation cited

Subjects

  • writ petition
  • Article 227
  • Civil Procedure Code
  • Order XXXIX
  • judicial supervision
  • direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6290 of 2026

                                    Sri Pankaj Sarswat And 10 Others
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    Sri Subhash Sarswat And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Amit Kumar, Brij Raj
                                    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
                                    decide to application under order XXXIX Rule-1 & 2 CPC (7C-2) dated
                                    30.05.2024, in Original Suit No. 456 of 2024, (Sri Pankaj Sarswat and others
                                    Vs Subhash Sarswat and others), pending before Civil Judge (Junior
                                    Division), Koil, Aligarh.

                                    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 decide to application under order XXXIX Rule-1 & 2 CPC (7C-2) dated
                                    30.05.2024, in Original Suit No. 456 of 2024, (Sri Pankaj Sarswat and others
                                    Vs Subhash Sarswat and others), pending before Civil Judge (Junior
                                    Division), Koil, Aligarh, 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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