HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6706 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard learned counsel for the parties and perused the record. Instant matter under Article 227 of the Constitution of India has been filed by the petitioner who is plaintiff in MNC No.38/2019 (Anil Kumar vs. Pankaj Sharma and Others) pending before the Court of learned Additional District Judge 4th, Barabanki with the following prayers :- To issue an order or direction to the subordinate court, i.e., District Judge, Barabanki to decide the pending MNC No.38/2019 (Anil Kumar vs. Pankar Sharma and Others) along with application under section 5 Limitation Act which was pending for consideration till today during the pendency of instant petition, in the interest of justice. i. An order or direction to the Subordinate Court, i.e., District Judge, Barabanki to stay the proceeding in Execution Proceeding till finalization of pending Appeal i.e. MNC No.38/2018 (Anil Kumar vs. Pankaj Sharma and Others) and to also decide the application under Order 47 CPC filed by the petitioner along with application under Section 5 Limitation Act which was pending for consideration till today before learned Court below, i.e., Civil Judge, Senior Division, Court No.48, Barabanki. ii. Learned counsel for the petitioner submitted that the plaintiff-respondent filed Original Suit No.931/2008 which was decided on 28.11.2018 and suit of plaintiff was decreed without giving any opportunity of hearing to the petitioner. Against the order dated 28.11.2018 the petitioner filed an application under section 47 CPC before learned Civil Judge (Senior Division) along with application under section 5 of limitation Act. Versus Counsel for Petitioner(s) : Satish Kumar Misra Counsel for Respondent(s) : Anil Kumar @ Anil .....Petitioner(s) Pankaj Sharma And Another .....Respondent(s) And also against the order dated 28.11.2018 petitioner filed civil appeal i.e. Miscellaneous Non Connected Appeal no.38/2019 on 13.12.2019 along with application under section 5 of Limitation Act before learned Additional District and Sessions Judge, Court No.4, Barabanki. After filing of the aforementioned applications the respondent- opposite party no.1 of the instant writ petition filed the objection application under section 47 CPC dated 05.04.2025 which has been filed as Annexure – 2 to the instant petition. The said miscellaneous Non Connected Appeal no.38/2018 is still pending after a lapse of six years. The plaintiff-respondents are delaying the hearing of the appeal in miscellaneous application in appellate court whereas they are pursuing the execution case before the trial court expeditiously. In these situation, the interest of defendant-petitioner is seriously being affected due to pendency of civil appeal preferred by him. Keeping in view the prayer made in para 1 of prayer clause as para 2 is within the discretion of the appellate court and no useful purpose of law would be served in keeping the petition pending before this court. Keeping in view the prayer made in para 1 of the petition, it is directed that the appellate court shall decide the MNC No.38/2019 as expeditiously as possible without granting adjournment to either side on insufficient ground and will make every effort to decide the appeal preferably within six months from the date a certified copy of this order is produced before him. With the aforesaid directions the instant writ petition stands disposed of. November 19, 2025 mks A227 No. 6706 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench