Allahabad High Court
NARENDER PAL CHAUHAN AND ANOTHERversusSMT. POOJA AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Learned Civil Judge, Hapur, to decide the pending application expeditiously within one year.
Summary
The petitioners, Narender Pal Chauhan and another, filed a writ petition under Article 227 seeking a direction to the Learned Civil Judge (Senior Division), Hapur, to decide an application (paper no. 6C) filed under Order 39 Rule 1 and 2 of the CPC in Suit No. 02 of 2026. The petition alleged that the lower court had not yet decided the application and requested the High Court to order an expeditious decision. The Court noted that the suit was pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the lower court to decide the application within one year of receipt of the certified copy of the order, without unnecessary adjournments. The direction was made subject to any legal impediment.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a lower civil court to decide an application pending under Order 39 CPC.
- Whether the High Court can impose a time‑bound deadline for the lower court to decide the application.
Legislation cited
- Code of Civil Procedure, 1908 — s. 151, Order 39 Rule 1, Order 39 Rule 2
Subjects
- Article 227
- Writ petition
- Civil Procedure Code
- Order 39
- Expeditious disposal
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6422 of 2026
Narender Pal Chauhan And Another
.....Petitioner(s)
Versus
Smt. Pooja And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Srivastava
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 Learned Civil Judge (Senior Division), Hapur to decide the
application (paper no. 6C under order 39 Rule 1 and 2 under section 151
C.P.C. in Suit No. 02 of 2026 (Computer Case no. 22 of 2026 C.N.R. No.
UPHP 05000322026, Narender pal Versus Smt. Pooja and others, 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), Hapur to decide the application
(paper no. 6C under order 39 Rule 1 and 2 under section 151 C.P.C. in Suit
No. 02 of 2026 (Computer Case no. 22 of 2026 C.N.R. No. UPHP
05000322026, Narender pal Versus Smt. Pooja and others, in accordance
with law, expeditiously, within a period of one year 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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