Raj Kumar Gupta vs Ajay Kumar Gupta — Writ and Judicial Review | Allahabad HC (2026)

Raj Kumar Gupta vs Ajay Kumar Gupta — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage with directions to the Civil Judge (Junior Division) South, District Unnao to decide Civil Suit No. 853 of 2023 expeditiously and in accordance with law, and to endeavour to pass orders on the interim injunction application dated 15.09.2023 on the next date fixed or within two months, whichever is earlier, after hearing the parties; adjournments restricted to exceptional circumstances.

Issue for consideration

Whether a writ in the nature of mandamus should issue directing the Civil Judge (Junior Division) South, Unnao to decide Civil Suit No. 853 of 2023 (partition suit pending since 21.08.2023). +1 more

Court's answer

Since the suit is pending since 21.08.2023 and written statements have been filed, no useful purpose would be served in keeping the petition pending; it is disposed of at the admission stage.

Ratio / Principle

Notice to the respondent was dispensed with in view of the proposed order.

Key takeaways

The Civil Judge (Junior Division) South, District Unnao is directed to decide Civil Suit No. 853 of 2023 (Raj Kumar Gupta Vs. Ajay Kumar Gupta) as expeditiously as possible, strictly in accordance with law.ratio¶20
The trial court shall make an endeavour to pass appropriate orders on the interim injunction application dated 15.09.2023, if possible on the next date fixed or within a period of two months, whichever is earlier, in accordance with law after affording due opportunity of hearing to the parties.ratio¶20

Detailed headnote1 paragraphs

Article 227 petition (MATTERS UNDER ARTICLE 227 No. 1188 of 2026, Allahabad High Court, Lucknow Bench, Syed Qamar Hasan Rizvi, J.) by the plaintiff in a pending partition suit, Civil Suit No. 853 of 2023 (Raj Kumar Gupta Vs. Ajay Kumar Gupta), pending since 21.08.2023 before the Civil Judge (Junior Division) South, Unnao, seeking mandamus for expeditious disposal of the suit and decision on his interim injunction application dated 15.09.2023 under Order 39, Rule 1 and 2 CPC, against which the respondent had filed no objection. Held: notice on respondent dispensed with; petition disposed of at the admission stage since no useful purpose would be served in keeping it pending; trial court directed to decide the suit as expeditiously as possible strictly in accordance with law and to endeavour to pass orders on the injunction application on the next date fixed or within two months, whichever is earlier, after affording due opportunity of hearing; no unnecessary adjournments to be granted, adjournments permissible only in exceptional circumstances.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 1188 of 2026

Raj Kumar Gupta

.....Petitioner(s)

	Versus
Ajay Kumar Gupta		.....Respondent(s)
Counsel for Petitioner(s)		: O.P. Tiwari
Counsel for Respondent(s)		:

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri O.P. Tiwari, learned counsel for petitioner and perused the material available on record.

In view of the proposed order being passed, notice to the respondent is dispensed with.

By means of the present writ petition, the petitioner has prayed for the following reliefs:-

"(i) to issue a writ order or direction in the nature of Mandamus directing the learned Civil Judge (Junior Division), South, Unnao to decide the Civil Suit No. 853 of 2023 (Raj Kumar Gupta Vs. Ajay Kumar Gupta), which is pending since 21.08.2023.

(ii) issue a direction to learned Civil Judge (Junior Division) South, Unnao to decide the interim injunction application dated 15.09.2023 under Order 39, Rule 1 or 2 C.P.C."

Learned counsel for petitioner has submitted that the suit for partition having Civil Suit No. 853 of 2023 (Raj Kumar Gupta Vs. Ajay Kumar Gupta) is pending since 21.08.2023. It is further submitted that an application under Order 39, Rule 1 and 2 of C.P.C. has already been filed by the petitioner on 15.09.2023 and the same is pending for consideration.

It is alleged on behalf of the petitioner that the respondent is continuously harassing and threatening the petitioner and his family

A227 No. 1188 of 2026

2

members and is creating hurdles in peaceful living of the petitioner. It is further alleged that several frivolous first information reports against the petitioner and his family members have also been lodged by the respondent.

Submission of learned counsel for petitioner is that no objection against the application for interim injunction dated 15.09.2023 has been filed by the respondent/defendant till date.

Taking into consideration the fact that suit is pending since 21.08.2023 and the written statements have already been filed, this Court is of the considered opinion that no useful purpose would be served in keeping the petition pending, as such, the same is being disposed of at the admission stage.

Accordingly, the writ petition is disposed of with the direction to learned Civil Judge (Junior Division), South, District Unnao to decide Civil Suit No. 853 of 2023 (Raj Kumar Gupta Vs. Ajay Kumar Gupta) as expeditiously as possible, strictly in accordance with law. Further, it is also provided that learned Civil Judge (Junior Division), South, District Unnao shall make an endeavour to pass appropriate orders on the interim injunction application dated 15.09.2023, if possible on the next date fixed in the matter or within a period of two months, whichever is earlier in accordance with law after affording due opportunity of hearing to the parties concerned. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, will be permissible to be granted only in exceptional circumstances.

(Syed Qamar Hasan Rizvi,J.)

March 18, 2026 Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench