Allahabad High Court
SACHIN PATELversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court directed the respondent court to admit and hear the pending second appeal within three months, after providing a hearing to the parties.
Summary
The petitioner, Sachin Patel, filed a writ petition seeking a direction to the respondent court (Respondent No.2) to admit and decide his pending Second Appeal No.30 of 2011-12, which has been pending since 2012 without any order of admission. The petitioner argued that despite the death of certain parties and the allowance of substitution applications, there was no impediment to hearing the appeal. The Court observed that since the second appeal had not yet been admitted, it could not order its final disposal, but could direct the respondent to admit and hear it. Accordingly, the Court disposed of the writ petition, directing the respondent to admit the appeal and hear it expeditiously, preferably within three months of the certified copy of the order. The direction was to be given after affording a hearing to the parties concerned.
Issues considered
- Whether the High Court can direct the lower court to admit and decide a pending second appeal within a specified time frame.
Subjects
- writ petition
- second appeal
- direction
- delay
- admission
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 2204 of 2026
Sachin Patel
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Asrey Yadav
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Ram Asrey Yadav, learned counsel for the petitioner and
learned Standing Counsel for the respondents State.
2. The present writ petition has been filed for a direction upon respondent
no.2 to decide the Second Appeal No.30 of 2011-12, within a time frame
as fixed by this Court.
3. It is contended by learned counsel for the petitioner that the aforesaid
second appeal of the petitioner is pending before the respondent no.2
since 2012. Till date, no orders have been passed admitting the aforesaid
second appeal. As during the pendency of the second appeal, certain
parties died whose substitution application was pending, which has also
been allowed, therefore, there is no impediment to hear and decide the
aforesaid second appeal.
4. In view of the fact that the aforesaid second appeal has not yet been
admitted, no direction for its final disposal can be issued, at this stage.
5. In view of the aforesaid, this writ petition stands disposed of with a
direction upon the respondent no.2 to hear the second appeal on
admission, by passing appropriate order, in accordance with law, after
affording opportunity of hearing to the parties concerned, expeditiously,
preferably within a period of three months from the date of presentation
WRIB No. 2204 of 2026
2
of certified copy of this order.
(Arun Kumar,J.)
May 18, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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