Allahabad High Court
GAURI SHANKAR AND ANOTHERversusBHAGIRATHI AND 9 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Junior Division) Shahar, Jaunpur to decide the pending suit and injunction 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 (Junior Division) Shahar, Jaunpur to expedite the proceedings of Original Suit No.22 of 2025 (Bhagirathi & others v. Gaurishankar) and to decide a temporary injunction application filed on 07.01.2025. The petition argued that the pending suit required speedy disposal. The Court observed that the suit was already pending and that the petition would serve no useful purpose if kept alive. Consequently, the Court disposed of the writ petition while directing the civil judge to decide the pending suit and the injunction application within one year, subject to the absence of any legal impediment. The order was signed on 18 May 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a mandatory direction to a subordinate civil judge to expedite a pending suit and decide a temporary injunction application.
Subjects
- Article 227
- writ petition
- supervisory jurisdiction
- civil procedure
- injunction
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6881 of 2026
Gauri Shankar And Another
.....Petitioner(s)
Versus
Bhagirathi And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nilesh Kumar Yadav, Surya Bhan Singh
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 direction to
the Civil Judge (Junior Division) Shahar, Jaunpur to expedite the
proceedings of Original Suit No.22 of 2025 (Bhagirathi and others Vs.
Gaurishankar) pending before him and Direct the Civil Judge (Junior
Division) Shahar, Jaunpur to decide the temporary injunction application
(Paper No.6C) dated 07.01.2025 pending before him in Original Suit
No.22 of 2025 (Bhagirathi and others Vs. Gaurishankar).
4. Learned counsel prayed that the said application 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 (Junior Division) Shahar, Jaunpur to decide
the proceedings of Original Suit No.22 of 2025 (Bhagirathi and others Vs.
Gaurishankar) pending before him expeditiously and direction to the Civil
Judge (Junior Division) Shahar, Jaunpur to decide the temporary
A227 No. 6881 of 2026
2
injunction application (Paper No.6C) dated 07.01.2025 pending before
him in Original Suit No.22 of 2025 (Bhagirathi and others Vs.
Gaurishankar), in accordance with law, within a period of one year
provided there is no other legal impediment.
May 18, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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