Allahabad High Court
SUMIT KUMARversusMANOJ KUMAR AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed the writ petition and directed the subordinate civil court to decide the pending suit expeditiously, subject to procedural safeguards.
Summary
The petitioner, Sumit Kumar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) in Kanpur Nagar to decide the pending suit (Case No. 1226 of 2021) expeditiously. The High Court noted that the suit remains pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court ordered the writ petition to be disposed and directed the lower court to decide the suit promptly, ensuring proper service of notice, hearing, and opportunity to lead evidence, provided no other legal impediment exists. No notice was issued to the respondents in this writ petition. The petition was thus disposed with the specified direction.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending suit expeditiously.
- Whether the writ petition should be dismissed as it serves no further purpose.
Subjects
- Article 227
- writ petition
- civil suit
- expeditious disposal
- jurisdiction
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6325 of 2026
Sumit Kumar
.....Petitioner(s)
Versus
Manoj Kumar And Another
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Arish, Vivek Kumar Yadav
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 court of Civil Judge (J.D.), Kanpur Nagar to decide
the Case No. 1226 of 2021 (Sumit Kumar Vs Manoj Kumar and another),
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 court of Civil Judge (J.D.), Kanpur Nagar to decide the Case
No. 1226 of 2021 (Sumit Kumar Vs Manoj Kumar and another), 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
Checking your session…