Smt. Rukmani and 2 Others v. Civil Judge J.D. Mohammadi Kheri and Another
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), MATTERS UNDER ARTICLE 227 No. - 7062 of 2025, Coram: Subhash Vidyarthi J., decided December 12, 2025. Petitioners Smt. Rukmani and 2 others (counsel: Sarvesh Kumar Verma) sought a direction for early disposal of O.S. No. 29 of 2024 before the Civil Judge (JD), Mohammadi, Kheri; respondents were the said Civil Judge and another. DISMISSED: (i) misjoinder of parties, judicial forum cannot be a respondent in an Article 227 petition, relying on (1999) 2 SCC 577 and (2015) 9 SCC 1; (ii) no occasion to order speedy disposal — suit instituted 23.01.2024, temporary injunction operative in petitioners' favour, defendant Parshuram's written statement filed 20.09.2025, issues not framed. Keywords: Article 227 petition; expeditious disposal; misjoinder of parties; judicial officer as respondent; temporary injunction; written statement.
What did the court decide?
Courts / tribunals cannot be made respondents in petitions; since the present petition impleads the Civil Judge (JD), Mohammadi, Kheri as respondent, contrary to the position established by the Supreme Court in (1999) 2 SCC 577 and (2015) 9 SCC 1, the petition suffers from misjoinder of parties (कुसंयोजन).