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Allahabad High Court

GIRISH DUBEY AND 2 OTHERSversusSANDHYA PATHAK

Decided

Holding

The writ petition is dismissed and the Civil Judge (SD) Gorakhpur is directed to decide the pending suit expeditiously.

Summary

Petitioners Girish Dubey and two others filed a writ petition under Article 227 seeking a direction to the learned Civil Judge (SD) Gorakhpur to consider and decide Suit No. 910 of 2014 (Sandhya Pathak vs. Girish Dubey) within a stipulated time. The petition alleged that the suit was pending and required expeditious disposal. The Court observed that since the suit was already pending, keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition and directed the Civil Judge to decide the suit expeditiously, ensuring service of notice and opportunity of hearing to all parties, subject to no other legal impediment. The petition was therefore dismissed with a specific direction to the lower court.

Issues considered

  • Whether the High Court should issue a writ directing the Civil Judge (SD) Gorakhpur to decide the pending Suit No. 910 of 2014 expeditiously.

Subjects

  • Article 227
  • Writ petition
  • Civil suit
  • Expeditious disposal
  • Direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6302 of 2026

                                    Girish Dubey And 2 Others
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Sandhya Pathak
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Sanjay Maurya
                                    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 writ, order or
                                    direction to the learned Civil Judge, (SD) Gorakhpur to consider and decide
                                    the Suit No. 910 of 2014 (Sandhya Pathak Vs Girish Dubey and others),
                                    pending before it within stipulated time, as may deem fit and proper by this
                                    Hon'ble Court.

                                    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) Gorakhpur to consider and decide the Suit
                                    No. 910 of 2014 (Sandhya Pathak Vs Girish Dubey and others), in
                                    accordance with law, expeditiously, 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 6, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




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

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