Allahabad High Court
RAMCHANDRAversusPARASHURAM AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition but directed the subordinate civil judge to decide the pending restoration application expeditiously, preferably within one year.
Summary
The petitioner, Ramchandra, filed a writ petition under Article 227 seeking a direction to the Civil Judge, Senior Division, Ballia, to decide a restoration application (No. 01 of 2019) filed in Original Suit No. 91 of 2009. The petition alleged that the civil judge had not yet ruled on the restoration application and requested the High Court to compel a decision within a stipulated period. The Court observed that the underlying restoration application was still pending before the civil court and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition while issuing a directive that the civil judge decide the restoration application expeditiously, preferably within one year, without unnecessary adjournments. The direction was subject to any legal impediment, and no notices were issued to the respondents.
Issues considered
- What relief, if any, can a High Court grant under Article 227 to compel a subordinate civil court to decide a pending restoration application within a specific time frame?
Subjects
- Article 227
- writ petition
- restoration application
- Civil Judge Senior Division
- direction to lower court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6825 of 2026
Ramchandra
.....Petitioner(s)
Versus
Parashuram And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bachcha 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 is for a direction to
the Civil Judge, Senior Division Ballia District Ballia to decide the
application for restoration bearing Restoration application no. 01 of 2019
(Ramchandra Vs. Parashuram and others) dated 1.1.2019 filed in Original
Suit No. 91 of 2009 (Ramchandra Vs. Parashuram and others) pending
before him within stipulated time, as may deem fit and proper by this
Hon'ble Court.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction
to the Civil Judge, Senior Division Ballia District Ballia to decide the
application for restoration bearing Restoration Application no. 01 of 2019 (
Ramchandra Vs. Parashuram and others) dated 1.1.2019 filed in Original
Suit No. 91 of 2009 (Ramchandra Vs. Parashuram and others),
expeditiously, preferably within one year, strictly in accordance with law,
without granting any unnecessary adjournments, subject to legal
impediment.
May 18, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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