Allahabad High Court
SHAMA MASOODversusZAFAR KHAN AND 6 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is disposed, and the lower court is directed to expedite Suit No. 49 of 2010 without unnecessary adjournments.
Summary
Shama Masood filed a petition under Article 227 seeking to set aside earlier orders dated 12‑02‑2019 and 09‑09‑2025, to obtain permission to repair a gate and wall, and to have two related suits either dismissed or expedited. During the hearing, counsel for the petitioner withdrew the challenge to the earlier orders and limited the relief sought to the expeditious disposal of Suit No. 49 of 2010. The High Court, noting the withdrawal, disposed of the petition and directed the lower court to fast‑track the pending suit without granting adjournments beyond two weeks, subject to legal impediments.
Issues considered
- Whether the petition can be disposed after the petitioner withdraws the challenge to the earlier orders.
- Whether the High Court can direct the lower court to expedite the pending suit and limit adjournments under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- Civil Procedure Code
- expeditious trial
- adjournment
- property repair
- supervisory jurisdiction
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3931 of 2026
Shama Masood
.....Petitioner(s)
Versus
Zafar Khan And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Namit Srivastava, Parul Srivastava
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The instant petition has been filed seeking the following reliefs:-
A. Issue a suitable order or direction setting aside the order dated 12.2.2019 passed in
Suit No. 49 of 2010 titled as Shama Masood vs. Zafar Khan and others and the order
dated 09.09.2025 passed in Misc. Civil Appeal No. 11 of 2019 titled as Shama
Masood vs. Zafar Khan and others.
B. Issue a suitable order to allow application No. 7c of the petitioner and directing the
respondent to not interfere in peaceful possession of the petitioner.
C. Issue a suitable order or direction permitting the petitioner to repair the North gate
and the wall on the property in dispute at the cost of the petitioner
D. Issue a suitable order to dispose of Suit No. 49 of 2010 titled as Shama Masood vs.
Zafar Khan and other which became infructuous and dismiss Suit No. 81 of 2010
titled as Zafar Khan vs. Shama Masood and others which is frivolous and vexatious
and further summon the records of the aforesaid cases.
4. Sri Namit Srivastava, learned counsel for the plaintiff/petitioner, has made
a statement at bar that he forecloses his claim with regard to challenge to the
orders dated 12.2.2019 and 9.9.2025, at this stage, while seeking relief for
disposal of the Suit No. 49 of 2010 within a time bond period.
5. Accordingly, the petition stands disposed of, requiring the court below to
expedite the proceeding for O.S. No. 49 of 2010, which is stated to be
A227 No. 3931 of 2026
2
pending with most expedition, without granting unnecessary adjournments
and in case adjournments are granted, not beyond two weeks at a stretch,
subject to legal impediment.
May 7, 2026
Vandana
(Vikas Budhwar,J.)
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
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