Allahabad High Court
TETARI DEVIversusSMT. SANKESA DEVI AND 6 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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
- Code of Civil Procedure, 1908 — s. Order IX Rule 13
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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