Smt Anita Srivastava vs Smt Uttara Devi and 3… — Writ and Judicial Review | Allahabad HC (2025)

Smt Anita Srivastava vs Smt Uttara Devi and 3… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (Junior Division) 02, Kanpur Nagar to consider and decide O.S. No. 214 of 2016 expeditiously, in accordance with law, after ensuring service upon all parties, giving opportunity of hearing and to lead evidence, and without granting unnecessary adjournments, provided there is no other legal impediment. No specific period was fixed and no status quo direction is recorded in the operative order.

Issue for consideration

Whether the Civil Judge (Junior Division) 02, Kanpur Nagar should be directed to decide O.S. No. 214 of 2016 within a specific period fixed by the High Court, and whether the parties should maintain status quo over House No. 119/177, Om Nagar, Darshan Purwa, Gumati No. 5, Kanpur Nagar and House No. 118/593, Kaushalpuri, Kanpur Nagar till disposal of the suit.

Court's answer

The petition stands disposed of finally with a direction to the Civil Judge (Junior Division) 02, Kanpur Nagar to consider and decide O.S. No. 214 of 2016 expeditiously, in accordance with law.

Ratio / Principle

The expeditious-disposal direction is subject to ensuring service upon all parties, giving opportunity of hearing and to lead evidence, and granting no unnecessary adjournments, provided there is no other legal impediment; no specific time period was fixed by the High Court.

Detailed headnote1 paragraphs

Allahabad High Court (Manish Kumar Nigam, J.), by order dated November 10, 2025 in MATTERS UNDER ARTICLE 227 No. 6333 of 2024 (Smt Anita Srivastava v. Smt Uttara Devi and 3 others), disposed of the petition filed for expeditious disposal of O.S. No. 214 of 2016, pending since 2016 before the Civil Judge (Junior Division) 02, Kanpur Nagar. The Court directed the trial court to consider and decide the suit expeditiously, in accordance with law, after ensuring service upon all parties, affording opportunity of hearing and to lead evidence, and without granting unnecessary adjournments to either party, provided there is no other legal impediment. The operative order fixes no specific time period and records no direction for maintenance of status quo over House No. 119/177, Om Nagar, Darshan Purwa, Gumati No. 5, Kanpur Nagar or House No. 118/593, Kaushalpuri, Kanpur Nagar, though such status quo and a court-fixed period had been sought in the petition.

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 6333 of 2024

Smt Anita Srivastava

.....Petitioner(s)

		Versus
Smt Uttara Devi And 3 Others			.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: :	Devbrat Dwivedi, Tiwari, Subhash Cha	Shakti Shanker ndra Tiwari

Court No. - 5

HON'BLE MANISH KUMAR NIGAM, J.

Heard learned counsel for the petitioner and perused the record.

This petition has been filed for following relief:

"A direction may be given to the learned Civil Judge (Junior Division) 02, Kanpur Nagar to decide the O.S. No. 214 of 2016 (Smt. Anita Srivastava Vs. Smt. Uttara Devi and others) pending in Court of learned Civil Judge (Junior Division) 02, Kanpur Nagar within specific period as fixed by this Hon'ble Court in the interest of justice till disposal of O.S. No. 214 of 2016, noted above parties may be directed to maintain status quo on spot over House No. 119/177, Om Nagar, Darshan Purwa, Gumati No. 5, Kanpur Nagar and House No. 118/593, Kaushalpuri, Kanpur Nagar, in the interest of justice."

Contention of the learned counsel for the petitioner is that the suit is pending since 2016. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously.

No useful purpose would be served in keeping this petition pending.

Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Junior Division) 02, Kanpur Nagar to consider and decide the aforesaid case, in accordance with law, expeditiously, after ensuring service upon all the parties concerned and after giving opportunity

A227 No. 6333 of 2024

2

of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

(Manish Kumar Nigam,J.)

November 10, 2025 Ved Prakash

Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad