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Allahabad High Court

MOOL CHANDRA @ BHOOLEversusSONU AND ANOTHER

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge to decide the pending application and suit within eight months, without unnecessary adjournments.

Summary

Mool Chandra (Petitioner) filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Ghaziabad to decide Application No. 6G(2) under Order 39 Rule 1 & 2 read with Section 151 of the Civil Procedure Code, along with Original Suit No. 1338 of 2023, within a stipulated time. The High Court observed that the suit and application were already pending and that keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the pending matters expeditiously and within eight months of receiving the certified copy of the order, without unnecessary adjournments. The direction was issued subject to any legal impediment. The petition was thus dismissed with a specific compliance deadline.

Issues considered

  • Whether a writ petition under Article 227 can be used to direct a civil court to decide a pending application and suit within a specified time
  • Whether the High Court can impose a time‑bound deadline on the subordinate court for disposal of the pending matters

Legislation cited

Subjects

  • Article 227
  • Writ Petition
  • Civil Procedure Code
  • Order 39
  • Section 151
  • Expeditious Disposal
  • Adjournment
  • High Court Direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6398 of 2026

                                    Mool Chandra @ Bhoole
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Sonu And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Sushil Kumar Tiwari
                                    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 Learned Civil Judge (Senior Division) District Ghaziabad to
                                    decide the and application no. 6 G (2) under order 39 rule 1 & 2 read with
                                    151 Civil Procedure Code, along with Original Suit no. 1338 of 2023 (Mool
                                    Chandra @ Bhoole Versus Sonu and another), 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 (Senior Division) District Ghaziabad to decide
                                    the and application no. 6 G (2) under order 39 rule 1 & 2 read with 151 Civil
                                    Procedure Code, along with Original Suit no. 1338 of 2023 (Mool Chandra
                                    @ Bhoole Versus Sonu and another), 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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