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Allahabad High Court

VINOD KUMARversusRAMESH MISHRA AND 5 OTHERS

Decided

Holding

The writ petition is dismissed and the High Court directs the Additional Civil Judge to decide the pending suit and C‑application expeditiously, preferably within one year.

Summary

Vinod Kumar filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), 7th District Jaunpur to decide Original Suit No. 242/2024 and a pending C‑application that have been pending since 28‑02‑2024. The petitioner requested that the lower court dispose of the matters expeditiously, preferably within one year, without unnecessary adjournments. The High Court observed that the suit remains pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition without issuing notices to the respondents. It directed the Additional Civil Judge to decide the suit and the C‑application within a stipulated period, strictly in accordance with law and subject to any legal impediment. The order was pronounced on 18 May 2026.

Issues considered

  • Whether the High Court can, under Article 227, direct a lower civil court to decide a pending suit and application within a stipulated period
  • Whether the writ petition should be dismissed without issuing notice to the respondents

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • civil suit
  • adjournment
  • lower court direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6827 of 2026

                                    Vinod Kumar
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Ramesh Mishra And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Kripa Shanker Mishra
                                    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 Additional Civil Judge (Junior to Division), 7th, District Jaunpur decide
                                    the Original Suit No.-242/2024, Computerize Case No.-UPJP06000932-
                                    2024, Vinod Kumar versus Ramesh Mishra, as well as 6 C application
                                    pending in the court of Additional Civil Judge (Junior Division), 7th, District
                                    Jaunpur within a stipulated period fixed by this Hon'ble Court which is
                                    pending since 28.02.2024 before the learned court below.

                                    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 Additional Civil Judge (Junior to Division), 7th, District Jaunpur
                                    decide the Original Suit No.-242/2024, Computerize Case No.-
                                    UPJP06000932-2024, Vinod Kumar versus Ramesh Mishra, as well as 6 C
                                    application, 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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