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Allahabad High Court

KAILASH AND ANOTHERversusSMT. SUSHAMA SINGH AND 3 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Senior Division), Varanasi, to decide the Original Suit No. 444 of 2025 and the temporary injunction application expeditiously, preferably within one and a half years.

Summary

The petitioners, Kailash and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Varanasi, to decide their Original Suit No. 444 of 2025 and the accompanying temporary injunction application within a stipulated period. The petition alleged that the suit was pending and required expeditious disposal. The Court allowed the petitioner’s request to amend the prayer clause and, noting that the suit was already pending, found no purpose in keeping the writ petition alive. Consequently, the Court disposed of the writ petition, directing the lower court to decide the suit and injunction application preferably within one and a half years, without unnecessary adjournments. The order emphasized adherence to law and avoidance of delays.

Issues considered

  • Whether the High Court should issue a direction to the Civil Judge (Senior Division), Varanasi, to decide the pending Original Suit No. 444 of 2025 and the temporary injunction application within a specific time frame.

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • civil suit
  • expeditious disposal
  • direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6353 of 2026

                                    Kailash And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Smt. Sushama Singh And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                       :    Ravi Kant Yadav
                                    Counsel for Respondent(s)                       :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. On the oral request, learned counsel for the petitioner is permitted to
                                    correct the prayer clause.

                                    3. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    4. The solitary relief claimed in the present writ petition is for a direction to
                                    the Civil Judge (Senior Division), Varanasi to decide the Temporary
                                    Injunction Application as well as the Original Suit No. 444 of 2025 (Kailash
                                    and another Vs. Smt. Sushama and others) filed by the Petitioner/Plaintiffs,
                                    within stipulated period.

                                    5. Learned counsel prayed that the said suit may be decided, expeditiously.

                                    6. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    7. In view of the above, this writ petition stands disposed of with a direction
                                    to the Civil Judge (Senior Division), Varanasi to decide the Original Suit No.
                                    444 of 2025 (Kailash and another Vs. Smt. Sushama and others),
                                    expeditiously, as per roster and the Temporary Injunction Application in the
                                    said suit, expeditiously, preferably within a period of one and a half year,
                                    strictly in accordance with law, without granting any unnecessary
                                    adjournments, subject to legal impediment.

                                    May 6, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)



Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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