Allahabad High Court

MOHAMMAD UMARversusMOHAMMAD JUVAIR AND ANOTHER

Decided: 6 May 2026
Bench: VIKAS BUDHWAR

Holding

The High Court may direct a subordinate civil court to decide a pending application under Order 39 CPC expeditiously, subject to legal impediments.

Summary

Petitioner Mohammad Umar filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) at Pharenda, Maharajganj, to decide an application filed under Order 39 Rule 1/2 of the Code of Civil Procedure in original suit No. 554 of 2025. The petition sought an expeditious decision, preferably within a stipulated period. The High Court observed that keeping the writ petition pending served no useful purpose while the underlying application was still pending. Consequently, the Court disposed of the writ petition, directing the lower court to decide the application within one year without unnecessary adjournments, subject to any legal impediment. The order was signed by Justice Vikas Budhwar.

Issues considered

Whether the High Court can issue a mandatory direction to a subordinate civil court to decide a pending application under Order 39 of the CPC within a specified time frame.

Legislation cited

Code of Civil Procedure, 1908

Subjects

Article 227
writ jurisdiction
Civil Procedure Code
Order 39
expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6416 of 2026

                                    Mohammad Umar
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Mohammad Juvair And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Ashutosh Ravi, Dinesh Kumar Yadav
                                    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 is for a direction to
                                    the Court of Civil Judge (J.D.) Pharenda, Maharajganj to decide the
                                    application under Order 39 Rule 1 or 2 of CPC pending in original suit
                                    No.554 of 2025 (Mohammad Umar Vs Juvair) pending before the Court of
                                    Civil Judge (J.D.) Pharenda, Maharajganj, expeditiously preferably within a
                                    stipulated period.

                                    4. Learned counsel prayed that the said application 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 Civil Judge (J.D.) Pharenda, Maharajganj to decide the application
                                    under Order 39 Rule 1 or 2 of CPC pending in original suit No.554 of 2025
                                    (Mohammad Umar Vs Juvair), expeditiously, preferably within one year,
                                    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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