Allahabad High Court
SMT. ISHU AND ANOTHERversusSHRI RAM KARAN AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition and directed the Civil Judge, Senior Division, Moradabad to decide the pending succession suit expeditiously, with proper notice and hearing to all parties.
Summary
The petitioners, Smt. Ishu and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Moradabad to decide a pending succession suit (Suit No. 158 of 2025) filed under section 372 of the Indian Succession Act, 1925. The petition sought an expeditious disposal of that suit. The High Court observed that, since the suit was already pending, keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition and directed the subordinate court to decide the succession suit promptly, ensuring that all respondents are served notice, given a hearing, and allowed a reasonable opportunity to lead evidence, provided no other legal impediment exists. The order was pronounced on May 6, 2026.
Issues considered
- What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a subordinate court to decide a pending suit expeditiously?
- Whether the High Court can mandate service of notice and hearing to all parties in the pending succession suit.
Legislation cited
- Constitution of India — s. Article 227
- Indian Succession Act, 1925 — s. 372
Subjects
- succession
- Indian Succession Act
- Article 227
- writ petition
- expeditious disposal
- civil court
- notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5804 of 2026
Smt. Ishu And Another
.....Petitioner(s)
Versus
Shri Ram Karan And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ayush Kumar Shukla, Madhaw Pandey,
Shashank 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 writ, order or
direction to the Court of Civil Judge (Senior Division) District Moradabad,
to decide the Succession Suit filed under section 372 of Indian Succession
Act 1925 bearing Succession Suit No. 158 of 2025, pending before it within
stipulated time, as may deem fit and proper by this Hon'ble Court.
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 Court of Civil Judge (Senior Division) District Moradabad, to decide
the Succession Suit filed under section 372 of Indian Succession Act 1925
bearing Succession Suit No. 158 of 2025, in accordance with law,
expeditiously, 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
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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