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Allahabad High Court

NIRAJAN CHOWDHRY AND ANOTHERversusCHURAN CHOWDHRY AND 10 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Junior Division), Saidpur, to decide the pending suit expeditiously.

Summary

The petitioners, Nirajan Chowdhry and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Saidpur, Ghazipur, to decide the pending Original Suit No. 69/2000 against the respondents. The petition alleged that the suit was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the suit promptly, without unnecessary adjournments, ensuring service of notice and hearing to all parties, provided no other legal impediment exists. The order effectively dismisses the writ petition while mandating swift adjudication of the underlying suit.

Issues considered

  • Whether the High Court should issue a direction to the Civil Judge to expedite the trial of Original Suit No. 69/2000 pending before the Junior Division Court.

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5789 of 2026

                                    Nirajan Chowdhry And Another
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Churan Chowdhry And 10 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Vinod Kumar Singh Kushwaha
                                    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), Saidpur, District Ghazipur to decide the
                                    Original Suit No.-69/2000 (Niranjan Chowdhry versus Churan Chowdhry
                                    and others), pending in the court of Civil Judge (Junior Division), Saidpur,
                                    District Ghazipur.

                                    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), Saidpur, District Ghazipur to decide the
                                    Original Suit No.-69/2000 (Niranjan Chowdhry versus Churan Chowdhry
                                    and others), pending in the court of Civil Judge (Junior Division), Saidpur,
                                    District Ghazipur, in accordance with law, expeditiously without granting
                                    unnecessary adjournment, 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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