Allahabad High Court
SUJIT KUMARversusDEORIA SUGAR MILLS LIMITED AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Civil Judge to decide the pending restoration application expeditiously within one year.
Summary
Sujit Kumar filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Court No. 10, Deoria, to decide restoration application No. 439/2020, which is pending in Misc. Suit No. 60/2020. The petitioner argued that the lower court should be compelled to decide the matter expeditiously. The High Court observed that the underlying suit is still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and issued a directive to the Civil Judge to decide the restoration application within one year of receiving the certified copy of the order, without unnecessary adjournments. The order emphasizes adherence to law and speedy disposal of the pending application.
Issues considered
- What direction, if any, should the High Court give to the Civil Judge regarding the pending restoration application?
- Whether the writ petition should be dismissed on the ground that the underlying suit is still pending.
Subjects
- Article 227
- writ petition
- restoration application
- Civil Judge
- expeditious disposal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6868 of 2026
Sujit Kumar
.....Petitioner(s)
Versus
Deoria Sugar Mills Limited And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Braj Mohan Singh
Counsel for Respondent(s) : C.S.C.
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 Civil Judge (J.D.) Court No. 10, District-Deoria to decide the
restoration application no. 439/2020 (Sujit Kumar and others Vs. Deoria
Sugar Mills Ltd. Deoria and others) pending in Misc. Suit No. 60/2020
(Lohava and other Vs. Deoria Sugar Mills and others), 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 Civil Judge (J.D.) Court No. 10, District-Deoria to decide the
restoration application no. 439/2020 (Sujit Kumar and others Vs. Deoria
Sugar Mills Ltd. Deoria and others) pending in Misc. Suit No. 60/2020
(Lohava and other Vs. Deoria Sugar Mills and others), in accordance with
law, expeditiously, within a period of one year from the date of presentation
of the certified copy of the order without granting unnecessary adjournments
subject to 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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