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Allahabad High Court

MAHESH CHANDversusRISHIKANT AND 3 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge to decide the pending case within eight months, subject to procedural safeguards.

Summary

The petitioner, Mahesh Chand, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) of Bishalpur Pilibhit to decide the pending Recall/Restoration Case No. 16 of 2016 (Mahesh Chandra v. Rishikant et al.) which is part of Original Suit No. 315 of 2001 (Mewaram v. Rishikant et al.). The High Court observed that the underlying suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and ordered the Civil Judge to decide the pending case within eight months, ensuring service of notice, hearing, and opportunity to lead evidence, provided no other legal impediment exists. The order was pronounced on May 6, 2026 by Justice Vikas Budhwar.

Issues considered

  • What procedural authority does a High Court have under Article 227 to direct a subordinate court to decide a pending case within a specified time?

Subjects

  • Article 227
  • writ petition
  • direction to subordinate court
  • recall and restoration
  • procedural law
  • civil procedure

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5791 of 2026

                                    Mahesh Chand
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Rishikant And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Rajesh Pandey
                                    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
                                    learned Civil Judge (J.D.), Bishalpur Pilibhit to decide the
                                    Recall/Restoration Case No. 16 of 2016 (Mahesh Chandra Vs. Rishikant and
                                    others) in Original Suit No. 315 of 2001 (Mewaram Vs. Rishikant and
                                    others).

                                    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 learned Civil Judge (J.D.), Bishalpur Pilibhit to decide the
                                    Recall/Restoration Case No. 16 of 2016 (Mahesh Chandra Vs. Rishikant and
                                    others) in Original Suit No. 315 of 2001 (Mewaram Vs. Rishikant and
                                    others), in accordance with law, within a period of eight months, 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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