Disposed¶19

Smt. Gayatri Devi v. Civil Judge Senior Division Court No. 15 Distt. Sultanpur and 38 Others

Allahabad HC15 Nov 2025A227/6668/2025

Case brief

AI extract

What is this about?

Article 227 petition for expedition of pending Order 39 Rule 1&2 CPC interim-relief application in Regular Suit No. 1137/2023 (Gayatri Devi v. Kanchan & 37 Ors), Civil Judge (Sr. Div.) No. 15 Sultanpur; refused for want of service steps by plaintiff (29 notices unserved, 9 unreturned as on 02.11.2024); petition disposed of with liberty to reapply before trial court; single-judge bench Subhash Vidyarthi; Allahabad High Court Lucknow Bench; decided 15.11.2025.

What did the court decide?

Permission granted to strike out the name of the Civil Judge (Sr. Div.) from the array of opposite parties; petition disposed of with liberty to move an appropriate application before the trial court, which shall pass suitable orders thereon. ¶19

Smt. Gayatri Devi Vs Civil Judge Senior Division… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution, should direct the Civil Judge (Sr. Div.), Court No. 15, District Sultanpur to decide the application under Order 39, Rule 1 & 2 of CPC pending since 27.11.2023 in Regular Suit No. 1137/2023, Smt. Gayatri Devi v. Smt. Kanchan & Ors, expeditiously.

¶13

Court's answer

Since the plaintiff had not taken any steps for effecting service of summons/notices on the defendants, no direction can be issued to the trial court for expeditious disposal of the suit at this stage.

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Ratio / Principle

The petition is disposed of, leaving it open for the petitioner to move an appropriate application before the trial court, which shall pass suitable orders thereon.

¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Matters Under Article 227 No. 6668 of 2025 (Subhash Vidyarthi, J.; decided November 15, 2025). Petitioner Smt. Gayatri Devi, through counsel Santosh Kumar Yadav, sought a direction to the Civil Judge (Sr. Div.), Court No. 15, District Sultanpur to decide an application under Order 39, Rule 1 & 2 of CPC pending since 27.11.2023 in Regular Suit No. 1137/2023, Smt. Gayatri Devi v. Smt. Kanchan & Ors (suit filed 17.11.2023). Notice to opposite parties dispensed with; petitioner permitted to strike out the judge's name from the array of parties. Held: as the plaintiff had taken no steps to serve summons on the 38 defendants (order sheet of 02.11.2024 showing 29 registered-post notices returned unserved and 9 unreceived), no direction for expeditious disposal could issue at this stage; petition disposed of, leaving the petitioner free to move an appropriate application before the trial court, which shall pass suitable orders thereon.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

MATTERS UNDER ARTICLE 227 No. - 6668 of 2025

Smt. Gayatri Devi

.....Petitioner(s)

Versus

Civil Judge Senior Division Court No. 15 Distt. Sultanpur And 38 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s)	: Santosh Kumar Yadav
Counsel for Respondent(s)	:

¶9

Court No. - 17

¶10

HON'BLE SUBHASH VIDYARTHI, J.

¶11

Heard Sri Santosh Kumar Yadav, the learned counsel for the petitioner.

¶12

At the outset the learned counsel for the petitioner states that he has erroneously impleaded the Civil Judge (Sr. Div.), Court No. 15, District Sultanpur as an opposite party to the petition and upon his oral request he is permitted to strike out the name of the court from the array of the opposite parties.

¶13

By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (Sr. Div.), Court No. 15, District Sultanpur to decide application under Order 39, Rule 1 & 2 of CPC which is pending since 27.11.2023 in Regular Suit No. 1137/2023, Smt. Gayatri Devi v. Smt. Kanchan & Ors, expeditiously.

¶14

Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the opposite parties is dispensed with.

¶15

The plaintiff had filed the aforesaid suit on 17.11.2023. The trial court issued summons/ notices to the 38 defendants. On 02.11.2024, it is endorsed on the order sheet that 29 notices sent through registered post were received unserved and 9 notices had not been received back. It appears that the plaintiff had not taken any steps for effecting service of summons/notices on the defendants.

¶16

A227 No. 6668 of 2025

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¶18

In these circumstances, no direction can be issued to the trial court for expeditious disposal of the suit at this stage.

¶19

Accordingly, the petition is disposed of while leaving it open for the petitioner to move an appropriate application before the trial court which shall pass suitable orders thereon.

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(Subhash Vidyarthi,J.)

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November 15, 2025

¶22

Pradeep/-

¶23

Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Gayatri Devi v. Civil Judge Senior Division Court No. 15 Distt. Sultanpur and 38 Others

Case brief

What is this about?

What did the court decide?

Smt. Gayatri Devi v. Civil Judge Senior Division Court No. 15 Distt. Sultanpur and 38 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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