Allahabad High Court
PURNIMA @ GUDIYAversusKUSUM AND 7 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Additional District Judge to decide the pending civil suit expeditiously while ensuring due process.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Additional District Judge‑13, Allahabad, to decide the pending Miscellaneous Civil Case No.190/2024 (Purnima @ Gudiya v. Kusum) within a stipulated time. The petitioner’s counsel urged that the suit be decided expeditiously. The Court observed that keeping the writ petition pending would serve no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the Additional District Judge to decide the civil case promptly, after serving notice on all respondents, granting them a hearing, and allowing them a reasonable opportunity to lead evidence, provided no other legal impediment exists. The order was dated 6 May 2026.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a writ directing a lower court to decide a pending civil suit expeditiously.
- Whether the writ petition should be dismissed when the substantive suit remains pending.
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- expeditious disposal
- civil suit
- Additional District Judge
- notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6333 of 2026
Purnima @ Gudiya
.....Petitioner(s)
Versus
Kusum And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deena Nath, Himanshu Yadav, Shubham
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 Additional District Judge-13, Allahabad to decide the Misc.
Civil Case No.190/2024 (Purnima @ Gudiya Versus Kusum), 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 District Judge-13, Allahabad to decide the Misc. Civil Case
No.190/2024 (Purnima @ Gudiya Versus Kusum), 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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