Allahabad High Court
ASHOK TIWARIversusSANTOSH KUMAR KESHARI AND 8 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction that the pending 6c application be decided expeditiously, with due notice and hearing to all parties.
Summary
Petitioner Ashok Tiwari filed a writ petition under Article 227 seeking a direction that the 6c application filed in his civil suit (No. 1589 of 2024) be decided promptly. The petition was filed before the High Court of Judicature at Allahabad, with counsel Ashish Srivastava representing the petitioner. The court noted that the civil suit was still pending and that issuing notices to respondents would not serve any useful purpose while the petition remained. Consequently, the court held that the writ petition should be disposed of. It directed that the 6c application be decided expeditiously, ensuring service of notice to all respondents, an opportunity to be heard, and a chance to lead evidence, provided no other legal impediment exists. The petition was therefore disposed with the said direction.
Issues considered
- What relief, if any, can a High Court grant under Article 227 in a writ petition seeking direction to decide a pending application in a civil suit?
- Whether the writ petition should be dismissed in view of the pending civil suit and the need for expeditious disposal of the application.
Subjects
- Article 227
- writ petition
- civil suit
- 6c application
- expeditious disposal
- jurisdiction of High Court
- notice and hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6873 of 2026
Ashok Tiwari
.....Petitioner(s)
Versus
Santosh Kumar Keshari And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Srivastava
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 decide the 6c application filed by plaintiff/petitioner in Civil Suit
No. 1589 of 2024 (Ashok Tiwari Vs. Santosh Kumar Keshari and others)
pending before learned Civil Judge (Senior Division) Court No.14 Prayagraj/
Allahabad, 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 decide the 6c application filed by plaintiff/petitioner in Civil Suit No.
1589 of 2024 (Ashok Tiwari Vs. Santosh Kumar Keshari and others)
pending before learned Civil Judge (Senior Division) Court No.14 Prayagraj/
Allahabad, in accordance with law, expeditiously, after ensuring service of
notice upon all the respondents and providing opportunity of hearing to all
the concerned parties as well as giving a reasonable opportunity of leading
evidence in respect of their case, provided there is no other 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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