Allahabad High Court
RAJENDRA MISHRAversusRAJESH KUMAR BAJPAI AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Additional Civil Judge to decide the original case expeditiously, ensuring due process.
Summary
Petitioner Rajendra Mishra filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division), Court No.4, Kanpur Nagar, to decide his original civil suit (Original Case No.1999 of 2021) against Rajesh Kumar Bajpai and others within a stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the original suit remained unresolved. Consequently, the Court disposed of the writ petition and directed the Additional Civil Judge to decide the original case expeditiously, ensuring service of notice and opportunity of hearing to all respondents, 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 Additional Civil Judge to decide the pending civil suit expeditiously.
Subjects
- Article 227
- writ petition
- expeditious disposal
- civil suit
- jurisdiction
- notice and hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6330 of 2026
Rajendra Mishra
.....Petitioner(s)
Versus
Rajesh Kumar Bajpai And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kapil Tiwari
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 Additional Civil Judge (Senior Division), Court No.4,
Kanpur Nagar, to decide the Original Case No.1999 of 2021, (Rajendra
Mishra Vs. Rajesh Kumar Bajpai 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 Additional Civil Judge (Senior Division), Court No.4, Kanpur Nagar,
to decide the Original Case No.1999 of 2021, (Rajendra Mishra Vs. Rajesh
Kumar Bajpai 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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