Umesh and 2 Others vs Vinay Singh Yadav and 4… — Writ and Judicial Review | Allahabad HC (2026)

Umesh and 2 Others vs Vinay Singh Yadav and 4… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (Junior Division), Gorakhpur to decide the pending applications under Order 39 Rules 1 & 2 and Order 39 Rule 4 C.P.C. in Original Suit No. 1696 of 2022 in accordance with law, expeditiously, preferably within eight weeks from the date of production of a certified copy of the order, after ensuring service of notice upon all respondents and providing opportunity of hearing to all concerned parties, provided there is no other legal impediment.

Issue for consideration

Whether a direction should be issued to the Civil Judge (Junior Division), Gorakhpur to decide the pending applications under Order 39 Rules 1 & 2 and Order 39 Rule 4 C.P.C. in Original Suit No. 1696 of 2022 expeditiously.

Ratio / Principle

Since the applications under Order 39 Rules 1 & 2 and Order 39 Rule 4 C.P.C. were pending, no useful purpose would be served in keeping the writ petition pending.

Key takeaways

The writ petition was disposed of with a direction to the Civil Judge (Junior Division), Gorakhpur to decide the pending applications in accordance with law, expeditiously.ratio¶14
The decision was to be made preferably within eight weeks from production of a certified copy of the order, after ensuring service of notice upon all respondents and providing opportunity of hearing to all concerned parties, provided there is no other legal impediment.ratio¶14

Detailed headnote1 paragraphs

Writ petition under Article 227 (Matters Under Article 227 No. 3413 of 2026) disposed of by the Allahabad High Court (Manish Kumar Nigam, J.) on March 18, 2026. Petitioners (Umesh and 2 others) sought a direction to the trial court to decide their application under Order 39 Rule 4 C.P.C. (paper No. 37Ga, dated 29.08.2023) along with the application under Order 39 Rules 1 & 2 C.P.C., both pending in Original Suit No. 1696 of 2022 (Vinay Singh Yadav vs. Umesh & others) before the Civil Judge (Junior Division), Gorakhpur. Holding that no useful purpose would be served in keeping the petition pending while the applications awaited decision, the Court directed the trial court to decide the applications in accordance with law, expeditiously, preferably within eight weeks of production of a certified copy of the order, after ensuring service of notice on all respondents and affording hearing to all concerned, subject to there being no other legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3413 of 2026

Umesh And 2 Others

.....Petitioner(s)

Versus

Vinay Singh Yadav And 4 Others	.....Respo
Counsel for Petitioner(s)	: Km. Anjana
Counsel for Respondent(s)	:

.....Respondent(s)

Court No. - 5

HON'BLE MANISH KUMAR NIGAM, J.

Heard learned counsel for the parties and perused the record.

This writ petition has been filed seeking following relief :-

"to pass an order or direction to the learned trial court to decide the application Under Order-39 Rule-4 C.P.C. (paper No. 37Ga) dated 29.08.2023 filed in Original Suit No. 1696 of 2022 (Vinay Singh Yadav vs. Umesh & others) pending in the Court of learned Civil Judge (Jr. Div.), Gorakhpur within stipulated period, failing which Petitioners shall suffer irreparable loss and injury."

Learned counsel for the petitioner submitted that the applications under Order-39 Rule-4 C.P.C. (paper No. 37Ga) as well as under Order-39 Rule-1 & 2 C.P.C. are pending consideration and the same have not been decided till date. Learned counsel prayed that the same may be decided, expeditiously.

Since the above-mentioned applications are pending, no useful purpose would be served in keeping this petition pending.

In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Junior Division), Gorakhpur to decide the above-mentioned applications, in accordance with law, expeditiously, preferably within eight weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.

March 18, 2026 Rishabh

(Manish Kumar Nigam,J.)

Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad