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Allahabad High Court

ISLAM AND ANOTHERversusBUDDHU SHAHI AND 10 OTHERS

Decided

Holding

The High Court directed the Civil Judge (J.D.), Bansgaon to decide the pending case as per roster and disposed of the writ petition.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) of Bansgaon, Gorakhpur, to decide the pending case of Islam Vs. Buddhu Shahi (Case No. 470 of 2020) within a stipulated period. The petition sought expeditious disposal of that case. The High Court noted that the case remained pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and issued a direction to the Civil Judge to decide the case as per the court's roster. The order was passed on May 18, 2026, by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can, under Article 227, direct a civil judge to decide a pending case within a stipulated period?

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • case disposal
  • direction to lower court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 5476 of 2026

                                    Islam And Another
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Buddhu Shahi And 10 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Ahmad Mujtaba Faraz, Amrita Singh
                                    Counsel for Respondent(s)          :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Supplementary Affidavit filed today is taken on record.

                                    2. Heard.

                                    3. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    4. The solitary relief claimed in the present writ petition is for a direction to
                                    the Civil Judge (J.D.), Bansgaon, Gorakhpur, to decide the Case No. 470 of
                                    2020 (Islam Vs. Buddhu Shahi) within the stipulated period.

                                    5. Learned counsel prayed that the said case may be decided, expeditiously.

                                    6. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    7. In view of the above, this writ petition stands disposed of with a direction
                                    to the Civil Judge (J.D.), Bansgaon, Gorakhpur, to decide the Case No. 470
                                    of 2020 (Islam Vs. Buddhu Shahi), as per roster.

                                    May 18, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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