Allahabad High Court
MOHD KHALID AND 10 OTHERSversusSMT AKBARI AND 9 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the trial court to pass the final decree in the partition suit within three months, without adjournments, and disposed the writ petition without adjudicating the merits.
Summary
The petitioners filed a writ under Article 227 seeking an interim direction for the trial court to decide a pending miscellaneous case arising from a partition suit filed in 1964. The petition alleged that while a preliminary decree had been prepared, the final decree had not been issued, causing undue delay. The High Court, after admission, declined to call for a counter‑affidavit or notice to private respondents and instead ordered the trial court to conclude the partition suit by preparing the final decree within three months, without any adjournments, provided there were no legal impediments. The Court expressly stated that it was not deciding the merits of the underlying partition suit. Consequently, the writ petition was disposed of on procedural grounds.
Issues considered
- What direction, if any, should the High Court issue under Article 227 to expedite the pending partition suit?
- Whether the High Court can order the trial court to pass a final decree within a specified time without hearing the respondents?
Subjects
- Article 227
- partition suit
- interim direction
- final decree
- civil procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13371 of 2026
Mohd Khalid And 10 Others
.....Petitioner(s)
Versus
Smt Akbari And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jamwant Ram Maurya
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(i). issue an order interim direction to decide the Misc. Case No.
14/2026 pending since 20.01.2026 in Original Suit No. 575 of 1964 (New
Case No. 974 of 2024) Sri Abdul Sakur and others Vs Sri Kallan and
others pending before the court of Civil Judge (S.D.) /FTC Moradabad."
2. It is contended by learned counsel for the petitioners that plaintiffs have
filed a partition suit in the year 1964, which is pending consideration, in
which preliminary decree has been prepared but final decree till date has not
been prepared.
3. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, requiring the trial
court to proceed with partition suit of the year 1964 and conclude the
proceedings by preparation of final decree, within a period of three months
from the date of production of certified copy of this order, without granting
any adjournment to either of the parties, in case, there are no legal
impediments.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
September 24, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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