Allahabad High Court
DINESH MISHRAversusSURESH MISHRA AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1
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
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