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Allahabad High Court

TETARI DEVIversusSMT. SANKESA DEVI AND 6 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the lower court to decide the pending case expeditiously, after complying with procedural requirements.

Summary

Tetari Devi filed a writ petition under Article 227 seeking a direction to the IInd‑Additional Civil Judge, Junior Division, Kasia, to decide Miscellaneous Case No.217 of 2020, which arises from Original Suit No.174 of 2002 and is pending under Order IX Rule 13 of the CPC. The petitioner argued that the lower court should decide the matter expeditiously. The High Court observed that since the underlying case is already pending, the writ petition no longer serves any useful purpose. Consequently, the Court disposed of the petition and directed the lower court to decide the pending case promptly, after serving notice to all respondents and granting them a hearing, provided no other legal impediment exists.

Issues considered

  • Whether a writ petition under Article 227 seeking direction to a lower court to decide a pending civil matter is maintainable.
  • Whether the High Court can order the lower court to decide the pending case expeditiously under Order IX Rule 13 CPC.

Legislation cited

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • Civil Procedure Code
  • Order IX Rule 13
  • lower court direction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6817 of 2026

                                    Tetari Devi
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    Smt. Sankesa Devi And 6 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                    :    Yashwant Pratap Singh
                                    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 IInd-Additional Civil Judge (Junior Division), Kasia,
                                    District Kushinagar to decide Miscellaneous Case No.217 of 2020 (Tetari
                                    Devi Vs. Smt. Sankesa Devi & Others), arising out of Original Suit No.174
                                    of 2002, pending under Order IX Rule 13 C.P.C., 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 IInd-Additional Civil Judge (Junior Division), Kasia, District
                                    Kushinagar to decide Miscellaneous Case No.217 of 2020 (Tetari Devi Vs.
                                    Smt. Sankesa Devi & Others), arising out of Original Suit No.174 of 2002,
                                    pending under Order IX Rule 13 C.P.C., in accordance with law,
                                    expeditiously, after ensuring service of notice upon all the respondents and
                                    providing opportunity of hearing to all the concerned parties, provided there
                                    is no other legal impediment.

                                    May 18, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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