Allahabad High Court
SMT NARESH DEVIversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court directed the respondent to decide the pending second appeal within six months of the order.
Summary
Petitioner Smt. Naresh Devi filed a writ petition seeking a direction to the respondent (the appellate court) to decide a pending second appeal (No.2363 of 2023) concerning a suit for division of holding. The second appeal arose after the lower court rejected an application challenging the suit’s maintainability and the subsequent dismissal of that challenge by the Commissioner, Meerut. The Deputy District Magistrate had stayed the suit proceedings pending the appeal, prompting the petitioner to request timely disposal. The High Court, after hearing counsel, ordered the respondent to pass a decision on the second appeal within six months of receiving the certified copy of the order, after giving parties a hearing. The petition was therefore disposed of with the said direction.
Issues considered
- Whether the High Court can direct the appellate court to decide a pending second appeal within a specified time frame.
Subjects
- writ petition
- second appeal
- division of holding
- stay order
- direction
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1782 of 2026
Smt Naresh Devi
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharm Vir Jaiswal, Harsh Vikram
Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent nos.1 and 2. Sri Arun Kumar Pandey has accepted
notice on behalf of respondent no.9.
2. The present writ petition has been filed for a direction upon respondent
no.2 to decide the second appeal No.2363 of 2023 (Satyapal Singh Vs.
Smt. Naresh Devi), within a time frame as fixed by this Court.
3. It is contended by learned counsel for the petitioner that in a suit for
division of holding, an application was moved by the respondent no.3 that
the suit was not maintainable. The said application was rejected by the
order dated 26.6.2023. The appeal filed against the said order was also
dismissed by the order dated 7.8.2023 passed by the Commissioner,
Meerut Division, Meerut. Aggrieved by the aforesaid orders, the
respondent no.3 has filed second appeal before the respondent no.2 in
which notices have been issued and the petitioner has put in appearance.
It is further contended that due to pendency of the aforesaid second
appeal, the Deputy District Magistrate, Tehsil Hasanpur, District Amroha
has stayed the proceedings of the suit by his order dated 3.10.2024.
4. In view of the aforesaid, this writ petition stands disposed of with a
direction upon the respondent no.2 to decide the pending second appeal,
as noticed above, by passing appropriate order, in accordance with law,
after affording opportunity of hearing to the parties concerned, within a
WRIB No. 1782 of 2026
2
period of six months from the date of presentation of certified copy of this
order.
(Arun Kumar,J.)
April 23, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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