Allahabad High Court
PRADEEP AND 4 OTHERSversusASHOK KUMAR AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (S.D.)‑18, Deoria, to decide the Order 39 Rule 1 application within one year and disposed of the writ petition.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (S.D.)‑18, Deoria, to decide an application filed under Order 39 Rule 1 of the Civil Procedure Code in Original Suit No. 85 of 2023 (Ashok v. Pradeep). The petition argued that the suit was pending and required expeditious disposal. The High Court noted that keeping the writ petition pending served no useful purpose while the suit itself was pending. Consequently, the Court disposed of the writ petition, directing the lower court to decide the application within one year of receiving the certified copy of the order, without unnecessary adjournments, subject to any legal impediment. The order was signed on 18 May 2026.
Issues considered
- Whether the High Court can issue a writ directing the lower civil court to decide an application under Order 39 Rule 1 CPC expeditiously.
- Whether the writ petition should be dismissed in view of the pending suit.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1
Subjects
- Article 227
- Writ petition
- Civil Procedure Code
- Order 39 Rule 1
- Expeditious disposal
- Original Suit No. 85 of 2023
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6872 of 2026
Pradeep And 4 Others
.....Petitioner(s)
Versus
Ashok Kumar And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amresh Tripathi
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 for a writ, order or
direction to the learned (Civil Judge (S.D.)-18, Deoria, to decide 6C
application under order 39 Rule 1 of the Civil Procedure Code, pending in
the Original Suit No. 85 of 2023 (Ashok Vs. Pradeep), 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 learned (Civil Judge (S.D.)-18, Deoria, to decide 6C application under
order 39 Rule 1 of the Civil Procedure Code, pending in the Original Suit
No. 85 of 2023 (Ashok Vs. Pradeep),, 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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