Allahabad High Court
BABAR ALI KHANversusMOHIBURRAHMAN AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without merits, and the High Court directs the lower court to decide the miscellaneous civil appeal, considering the objection, within two months.
Summary
The petitioner, Babar Ali Khan, filed a writ petition under Article 227 seeking expeditious disposal of a miscellaneous civil appeal (No. 28 of 2026) that was pending due to an objection by the defendant on its maintainability. The underlying civil suit had been dismissed for want of prosecution, and instead of filing a regular appeal, a miscellaneous civil appeal was filed. The petitioner argued that the appeal and the objection had been pending since 25 May 2026 and requested the High Court to order a speedy hearing. The Court, finding no merit in continuing the writ petition, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the concerned court to decide the miscellaneous civil appeal, considering the defendant’s objection, within two months of the order. The Court expressly stated that it had not adjudicated the substantive merits of the dispute.
Issues considered
- Whether the writ petition seeking expeditious disposal of the miscellaneous civil appeal should be entertained.
- Whether the objection to the maintainability of the miscellaneous civil appeal should be decided by the High Court.
Subjects
- Article 227
- writ petition
- miscellaneous civil appeal
- maintainability
- expedition of proceedings
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13388 of 2026
Babar Ali Khan
.....Petitioner(s)
Versus
Mohiburrahman And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Mishra, Syed Abid Ali Naqvi
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition.
2. It is contended that suit filed by plaintiffs was dismissed for want of
prosecution. Instead of filing an appeal, misc. civil appeal was preferred in
which objection was filed by defendant as to maintainability of the said
misc. civil appeal, which is pending consideration since 25.05.2026. The
prayer is for expediting the said misc. civil appeal along with objection.
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, with a direction
upon court concerned to decide the Misc. Civil Appeal No. 28 of 2026,
considering the objection of defendant-petitioner, in accordance with law,
after hearing all affected parties, preferably within a period of two months
from the date of production of certified copy of this order.
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.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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