Allahabad High Court

RAMVEER AND 2 OTHERSversusYOGENDRA AND 4 OTHERS

Decided: 6 May 2026
Bench: VIKAS BUDHWAR

Holding

The High Court directs the Civil Judge (Jr. Div.) to decide the Order 39 Rule 2A application expeditiously and disposes the writ petition.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction that the Civil Judge (Jr. Div.) in Aligarh decide an application filed under Order 39 Rule 2A of the CPC in Misc. Case No. 236 of 2023, arising from an original suit, within a stipulated period to avoid irreparable loss. They also requested that the respondents maintain the status quo over a specific parcel of land. The High Court, after hearing, ordered that no notices be issued to the respondents and directed the lower court to decide the application expeditiously, without unnecessary adjournments, subject to any legal impediment. The writ petition was consequently disposed of with the said direction. The order emphasizes the supervisory jurisdiction of the High Court under Article 227 to ensure timely disposal of subordinate court proceedings.

Issues considered

Whether the High Court can direct a subordinate civil court to decide an application under Order 39 Rule 2A of the CPC within a stipulated period.
Whether the High Court can order the respondents to maintain status quo over the disputed property pending disposal of the application.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 39 Rule 2A

Subjects

Article 227
writ petition
Civil Procedure Code
Order 39 Rule 2A
status quo
expeditious disposal
supervisory jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6409 of 2026

Ramveer And 2 Others
.....Petitioner(s)
Versus

Yogendra And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Abhishek Pandey, Paritosh Sukla
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 present petition has been preferred seeking the following relief:

"a. To direct the court concerned to decide the application under Order 39 Rule 2A of
C.P.C. dated 06.12.2023 in misc. case no. 236 of 2023 arising out of original suit no.
427 of 2017 (Ramveer and others v/s Yogendra and others), within stipulated period,
otherwise the petitioners shall suffer irreparable loss and injury.

b. To direct the respondents to maintain status quo with respect of property Araji No.
338 having area of 0.0990 hectare situated at Mauja Rudapur, Pargana and Tehsil
Soraon, District Aligarh".

4. In view of the above, this writ petition stands disposed of with a direction
to the Civil Judge (Jr. Div.), Kol, Aligarh to decide the application under
Order 39 Rule 2A of C.P.C. dated 06.12.2023 in Misc. Case no. 236 of 2023
arising out of original suit no. 427 of 2017 (Ramveer and others v/s
Yogendra and others), expeditiously, strictly in accordance with law,
without granting any unnecessary adjournments, subject to legal
impediment.

May 7, 2026
N.S.Rathour

(Vikas Budhwar,J.)

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

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