Created by Fuzzy Cloud

Allahabad High Court

SHAHI KHAN AND 3 OTHERSversusSHUBHAM SINGHAL AND ANOTHER

Decided

Holding

The High Court directed the Civil Judge Senior Division, Rampur, to decide the stay application expeditiously and disposed of the writ petition.

Summary

The petitioners Shahi Khan and others filed a writ petition under Article 227 seeking a direction to the Civil Judge Senior Division, Rampur, to decide the stay application in Original Suit No. 39 of 2026 as early as possible. The petition sought expeditious disposal of the stay application and requested that no notice be issued to the respondents. The High Court noted that the original suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the stay application promptly, without unnecessary adjournments, and subject to any legal impediment. The order was passed on May 18, 2026, by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can direct the civil court to decide a pending stay application expeditiously without issuing notice to the respondents

Subjects

  • Article 227
  • writ petition
  • stay application
  • civil procedure
  • expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6834 of 2026

                                    Shahi Khan And 3 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Shubham Singhal And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Ghanshyam         Das     Mishra,     Umesh
                                                                       Panday
                                    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 Rampur to decide the stay application of the
                                    Original Suit No. 39 of 2026 (Shahi Khan and others Vs. Shubham Singhal
                                    and another) as earliest as possible.

                                    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 Civil Judge Senior Division Rampur to decide the stay application of
                                    the Original Suit No. 39 of 2026 (Shahi Khan and others Vs. Shubham
                                    Singhal and another), expeditiously, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.