Allahabad High Court
HAKIKULLAHversusMOHD ILIYAS AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
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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