Allahabad High Court
URMILA DEVIversusBHANU PRATAP AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is dismissed, and the Civil Judge is directed to decide the pending suit under Section 9 of the CPC as per the roster.
Summary
The petitioner, Urmila Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Shahganj, Jaunpur to decide Suit No. 1601 of 2022 (Bhanu Pratap v. Urmila and another) under Section 9 of the Code of Civil Procedure. The petitioner argued that the suit should be decided expeditiously. The Court observed that the suit is already pending and that the petition serves no useful purpose if the suit remains unresolved. Consequently, the Court disposed of the writ petition while directing the Civil Judge to decide the suit within the stipulated period as per the roster. The petition was therefore dismissed with a specific direction to the trial judge.
Issues considered
- Whether a High Court can issue a direction under Article 227 for a Civil Judge to decide a pending suit within a stipulated period under Section 9 of the CPC
Legislation cited
- Code of Civil Procedure — s. 9
Subjects
- Article 227
- writ petition
- Civil Procedure Code
- Section 9 CPC
- direction to trial judge
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6852 of 2026
Urmila Devi
.....Petitioner(s)
Versus
Bhanu Pratap And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ram Pravesh Yadav
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 (J.D.) Shahganj, Jaunpur to decide the case bearing Suit No.
1601 of 2022 (Bhanu Pratap Vs. Urmila and another) under section 9 of
C.P.C., pending before Civil Judge (J.D.) Shahganj, Jaunpur, within
stipulated period.
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 (J.D.) Shahganj, Jaunpur to decide the case bearing Suit
No. 1601 of 2022 (Bhanu Pratap Vs. Urmila and another) under section 9 of
C.P.C., as per roster.
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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