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Allahabad High Court

ROHITAS KUMAR SINGHversusMANJU SINGH AND 12 OTHERS

Decided

Holding

The High Court directed the Civil Judge (J.D.) Eastern, Ballia to decide the pending application expeditiously within one year, thereby disposing of the writ petition.

Summary

The petitioner, Rohitas Kumar Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Eastern, Ballia, to decide Application No.6C2 (6Ga2) in Original Suit No.510/2024 against Manju Singh and others within a stipulated time. The petitioner argued that the pending application required expeditious disposal. The High Court noted that keeping the writ petition pending served no useful purpose while the suit itself remained pending. Consequently, the Court disposed of the writ petition, directing the lower court to decide the application within one year of receiving the certified copy of the order, without unnecessary adjournments, subject to any legal impediment. The order was signed on May 6, 2026, by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can issue a direction under Article 227 for a lower court to decide a pending application within a specified time.

Subjects

  • Article 227
  • writ petition
  • direction to lower court
  • expeditious disposal
  • civil suit
  • application pending

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6348 of 2026

                                    Rohitas Kumar Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Manju Singh And 12 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Manoj Kumar Singh
                                    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 (J.D.) Eastern, Ballia to decide the
                                    Application No.6C2 (6Ga2) in the Original Suit No.510/2024 (Rohitas
                                    Kumar Singh Vs. Manju Singh 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 (J.D.) Eastern, Ballia to decide the Application
                                    No.6C2 (6Ga2) in the Original Suit No.510/2024 (Rohitas Kumar Singh Vs.
                                    Manju Singh and others),, in accordance with law, expeditiously, within a
                                    period of one year from the date of presentation of the certified copy of the
                                    order without granting unnecessary adjournments subject to 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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