Created by Fuzzy Cloud

Allahabad High Court

DINESH MISHRAversusSURESH MISHRA AND 4 OTHERS

Decided

Holding

The writ petition is disposed of, and the lower court is directed to decide the 7C application expeditiously within eight months.

Summary

The petitioner, Dinesh Mishra, filed a writ petition under Article 227 seeking a direction to the lower court to decide a 7C application filed under Order 39 Rule 1 of the CPC, which arose from Original Suit No.87 of 2026. The High Court observed that the underlying suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and directed the lower court to decide the 7C application expeditiously, within eight months of receiving the certified copy of the order, and to avoid unnecessary adjournments. The direction was issued subject to any legal impediment. The petition was therefore dismissed with the specified direction to the trial court.

Issues considered

  • What is the appropriate remedy when a 7C application under Order 39 Rule 1 of the CPC remains pending in a suit?
  • Can a High Court, under Article 227, direct a lower court to decide a pending application within a fixed time frame?

Legislation cited

Subjects

  • Article 227
  • Writ petition
  • Order 39 Rule 1
  • 7C application
  • Civil Procedure
  • Expeditious disposal
  • High Court direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6395 of 2026

                                    Dinesh Mishra
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Suresh Mishra And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Pramod Kumar Dubey
                                    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 Court below to decide the 7C Application (Dinesh Mishra
                                    Vs. Suresh Mishra & others & others) filed under Order 39 Rule 1 of C.P.C.
                                    arising out of Original Suit No.87 of 2026, 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 Court below to decide the 7C Application (Dinesh Mishra Vs. Suresh
                                    Mishra & others & others) filed under Order 39 Rule 1 of C.P.C. arising out
                                    of Original Suit No.87 of 2026, in accordance with law, expeditiously,
                                    within a period of eight months from the date of presentation of the certified
                                    copy of the order without granting unnecessary adjournments subject to legal
                                    impediment.

                                    May 7, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.