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Allahabad High Court

ABDUL RAHIMversusISLAM AND 7 OTHERS

Decided

Holding

The High Court directed the Civil Judge (Junior Division) Ghazipur to decide the pending paper within one year, after due notice and hearing of the respondents.

Summary

The petitioner Abdul Rahim filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Ghazipur to decide paper No. 16Ga dated 05.02.2026, which is pending in original suit No. 243/2025. The petitioner’s counsel requested an expeditious decision on the suit. The High Court observed that keeping the writ petition pending would serve no useful purpose while the suit itself remained pending. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the paper within one year, after serving notice to all respondents and providing them an opportunity of hearing and evidence, subject to no other legal impediment. The order was signed by Justice Vikas Budhwar on 6 May 2026.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, issue a direction to a Civil Judge to decide a pending paper in an original suit.

Subjects

  • Article 227
  • writ petition
  • supervisory jurisdiction
  • civil procedure
  • direction to lower court
  • expeditious disposal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5770 of 2026

                                    Abdul Rahim
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Islam And 7 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Durga Charan Singh Yadav, Sharad
                                                                        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 solitary relief claimed in the present writ petition for a direction to the
                                    Civil Judge (Junior Division) Ghazipur to decide the paper no. 16Ga dated
                                    05.02.2026 pending before the court below in the original suit no. 243/2025
                                    file by the plaintiff petitioner.

                                    4. Learned counsel prayed that the said suit may be decided, expeditiously.

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

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to the Civil Judge (Junior Division) Ghazipur to decide the paper no. 16Ga
                                    dated 05.02.2026 pending before the court below in the original suit no.
                                    243/2025 file by the plaintiff petitioner, in accordance with law, within a
                                    period of one year, after ensuring service of notice upon all the respondents
                                    and providing opportunity of hearing to all the concerned parties as well as
                                    giving a reasonable opportunity of leading evidence in respect of their case,
                                    provided there is no other legal impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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