Allahabad High Court
SMT REENA DEVIversusSMT ANJANI DEVI AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Additional Civil Judge to decide the pending suit expeditiously, after proper service of notice and hearing of all parties.
Summary
The petitioner, Smt Reena Devi, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division), Mathura, to decide Misc. Case No. 74 of 2015 (Reena Devi vs. Anjani Devi), which arose from Succession Case No. 122 of 2000. The petition alleged that the pending suit was being unduly delayed and requested the High Court to order its expeditious disposal. The Court observed that since the suit was already pending, the writ petition had no further purpose if left unresolved. Consequently, the Court disposed of the writ petition, directing the trial court to decide the pending case promptly, after serving notice to all respondents and affording them a hearing. The order emphasized compliance with procedural fairness and the need for a reasonable opportunity to lead evidence, provided no other legal impediment exists.
Issues considered
- What relief, if any, can a High Court grant under Article 227 to ensure expeditious disposal of a pending civil suit?
Subjects
- Article 227
- writ petition
- civil procedure
- succession
- expeditious disposal
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5809 of 2026
Smt Reena Devi
.....Petitioner(s)
Versus
Smt Anjani Devi And Another
.....Respondent(s)
Counsel for Petitioner(s) : Sikandar Raza
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 Additional Civil Judge (Senior Division), Mathura to decide
Misc. Case No. 74 of 2015 (Reena Devi vs. Anjani Devi), arising out of
Succession Case No. 122 of 2000 (Anjani Devi vs. Nil), 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 Additional Civil Judge (Senior Division), Mathura to decide Misc.
Case No. 74 of 2015 (Reena Devi vs. Anjani Devi), arising out of
Succession Case No. 122 of 2000 (Anjani Devi vs. Nil), 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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