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Allahabad High Court

HAKIKULLAHversusMOHD ILIYAS AND ANOTHER

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge to expedite the pending suit without unnecessary adjournments.

Summary

The petitioner, Hakikullah, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) in Khalilabad, Basti, to expedite the hearing and disposal of O.S. No. 54 of 2011 (Hakikullah v. Mohd. Iliyas & another). The petition solely requested that the lower court hear the suit without unnecessary adjournments and ensure service of notice to all respondents. The High Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained pending. Consequently, the Court disposed of the writ petition, but issued a direction to the Civil Judge to conduct the pending suit expeditiously, without undue adjournments, and to ensure proper notice and hearing opportunities. The order was pronounced on May 6, 2026.

Issues considered

  • Whether the High Court should issue a direction under Article 227 to the Civil Judge to expedite the hearing of O.S. No. 54 of 2011.

Subjects

  • Article 227
  • writ petition
  • expeditious trial
  • civil procedure
  • adjournment
  • direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5795 of 2026

                                    Hakikullah
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Mohd Iliyas And Another
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)          : Ankesh Kumar, Sheetala Prasad 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
                                    Civil Judge (J.D.) Khalilabad, Basti to expedite the hearing of the case and
                                    decide the O.S. No. 54 of 2011 (Hakikullah Vs. Mohd. Iliyas and another)
                                    pending in the Court of Civil Judge (J.D.), Khalilabad Basti.

                                    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 (J.D.) Khalilabad, Basti to expedite the hearing of the case
                                    and decide the O.S. No. 54 of 2011 (Hakikullah Vs. Mohd. Iliyas and
                                    another) pending in the Court of Civil Judge (J.D.), Khalilabad Basti, 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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