Dinesh Kumar Pandey vs Mahesh Chandra Pandey and… — Writ and Judicial Review | Allahabad HC (2026)

Dinesh Kumar Pandey vs Mahesh Chandra Pandey and… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the learned Civil Judge (Junior Division), Court No. 13, Barabanki to decide the pending Suit No. 1734 of 2022 (permanent injunction) strictly in accordance with law, by a reasoned and speaking order on merit, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of one year from the date of receipt of a certified copy of the order, unless there is any legal impediment; no unnecessary adjournments to be granted to either party.

Issue for consideration

Whether the High Court should direct the court of the learned Civil Judge (Junior Division), Court No. 13, Barabanki to consider and decide the pending Suit No. 1734 of 2022 (for grant of permanent injunction) expeditiously within a stipulated period.

Court's answer

Without adverting to the merits, the Court deemed it appropriate to finally dispose of the writ petition with a direction to the learned Civil Judge (Junior Division), Court No. 13, Barabanki, before whom the suit for permanent injunction bearing Suit No. 1734 of 2022 (Dinesh Kumar Pandey Vs. Mahesh Chandra Pandey) is pending, to decide the suit.

Ratio / Principle

The suit is to be decided strictly in accordance with law, by a reasoned and speaking order on merit, after affording opportunity of hearing to the parties concerned.

Key takeaways

The disposal is to be effected expeditiously and preferably within a maximum period of one year from the date of receipt of a certified copy of the order, unless there is any legal impediment.ratio¶¶21
It is further directed that no unnecessary adjournments shall be granted to either of the parties.ratio¶¶21
In view of the nature of the order proposed to be passed, service of notice upon respondent nos. 1 to 5 was dispensed with.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Matters Under Article 227 No. 977 of 2026 (decided March 9, 2026, Syed Qamar Hasan Rizvi, J.): Dinesh Kumar Pandey sought a direction for expeditious disposal of his permanent-injunction Suit No. 1734 of 2022 v. Mahesh Chandra Pandey and others, filed 23.12.2022 and pending before the Civil Judge (Junior Division), Court No. 13, Barabanki. Notice on respondents 1 to 5 was dispensed with; the Additional Chief Standing Counsel for the State raised no objection to an expeditious-disposal direction. Without adverting to merits, the Court disposed of the petition, directing the trial court to decide the suit strictly in accordance with law, by a reasoned and speaking order on merit, after affording opportunity of hearing to the parties, expeditiously and preferably within a maximum period of one year from receipt of a certified copy of the order, unless there is any legal impediment, and further directing that no unnecessary adjournments be granted to either party.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 977 of 2026

Dinesh Kumar Pandey

.....Petitioner(s)

Versus

Mahesh Chandra Pandey And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Vinay	Kumar Yadav, Anil Sharma
Counsel for Respondent(s)	:

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri Anil Sharma, learned counsel for petitioner, learned Additional Chief Standing Counsel for the State and perused the material available on record.

The instant writ petition has been filed, inter alia, for the following relief:

"(i) issue an order of direction to the court of learned Civil Judge (Junior Division), Court No. 13, Barabanki to consider and decide the Suit bearing No. 1734/2022 titled as Dinesh Kumar Pandey Vs. Mahesh Chandra Pandey and others filed on 23.12.2022 against the respondents for grant permanent injunction is pending before the court of learned Civil Judge (Junior Division), Court No. 13, Barabanki within stipulated period as fixed by this Hon'ble Court."

The contention of the learned counsel for the petitioner is that the petitioner has filed a suit for permanent injunction bearing Suit No. 1734 of 2022 (Dinesh Kumar Pandey Vs. Mahesh Chandra Pandey) on 23.12.2022 before the learned Civil Judge (Junior Division), Court No. 13, Barabanki, which is still pending consideration and due to pendency of the said suit, the petitioner is facing undue hardship. A prayer has been made for a direction to the court concerned to decide the aforesaid suit expeditiously within a stipulated period of time.

Learned Additional Chief Standing Counsel for the State submits that

A227 No. 977 of 2026

2

he has no objection to the extent that a direction is issued by this Court for expeditious disposal of the above mentioned case.

In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 1 to 5 is dispensed with.

Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the learned Civil Judge (Junior Division), Court No. 13, Barabanki, before whom the suit for permanent injunction bearing Suit No. 1734 of 2022 (Dinesh Kumar Pandey Vs. Mahesh Chandra Pandey), is pending for disposal, to decide the same strictly in accordance with law, by a reasoned and speaking order on merit, after affording opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of one year from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments shall be granted to either of the parties.

With the aforesaid direction, the present writ petition is disposed of.

(Syed Qamar Hasan Rizvi,J.)

March 9, 2026

Virendra

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