Allahabad High Court
MOOL CHANDRA @ BHOOLEversusSONU AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
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
- Code of Civil Procedure, 1908 — s. 151
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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