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Allahabad High Court

SAHABversusASHA DEVI AND ANOTHER

Decided

Holding

The writ petition is disposed of, with a direction to the Civil Judge Junior Division, Maharajganj, to decide the pending suit expeditiously, ensuring due process.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge Junior Division, Maharajganj, to decide Suit No. 362 of 2024 (Asha Devi & Another v. Sahab & Another) within the stipulated time. The petition alleged that the suit was pending and required expeditious disposal. The court observed that, given the suit's pendency, retaining the writ petition served no useful purpose. Consequently, the court disposed of the writ petition and issued a direction to the civil judge to decide the suit promptly, ensuring service of notice, hearing, and opportunity to lead evidence, subject to the absence of any other legal impediment. The order was pronounced on May 6, 2026, by Justice Vikas Budhwar.

Issues considered

  • What relief, if any, should be granted in a writ petition under Article 227 directing a civil court to expedite a pending suit?

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious disposal
  • jurisdiction
  • direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5814 of 2026

                                    Sahab
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Asha Devi And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Anubhav Pandey, Pawan Kumar
                                    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 Civil Judge Junior Division, Maharajganj to decide the Suit
                                    No. 362 of 2024 (Asha Devi and Another versus Sahab And Another),
                                    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 Civil Judge Junior Division, Maharajganj to decide the Suit No. 362 of
                                    2024 (Asha Devi and Another versus Sahab And Another), in accordance
                                    with law, expeditiously as per roster, 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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