Allahabad High Court
SHIV JI YADAV AND 3 OTHERSversusAFSAR AND 25 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may direct the subordinate civil court to decide the pending application expeditiously, and the writ petition is disposed.
Summary
The petitioners sought a direction under Article 227 for the Civil Judge (Senior Division) of Chandauli District to decide an application filed on 7 September 2024 in suit No. 381 of 2024 (Shiv Ji Yadav & others v. Afsar & others) within a fixed period. The petition claimed that the suit had been pending since the filing date and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the Court disposed of the writ petition and issued a direction to the lower court to decide the application preferably within eight months, without unnecessary adjournments, subject to any legal impediment. The order emphasizes adherence to law and the need for prompt adjudication of pending matters.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending application within a stipulated time.
Subjects
- Article 227
- Writ petition
- Civil Procedure
- Expeditious disposal
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5857 of 2026
Shiv Ji Yadav And 3 Others
.....Petitioner(s)
Versus
Afsar And 25 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Yadav, Shivam Yadav
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 is for a direction to
the Civil Judge (Senior Division) Chandauli District Chandauli to decide 6C
application dated 7.9.2024 filed in suit no. 381 of 2024 (Shivji Yadav and
others Vs. Afsar and others) pending in the court of learned Civil Judge
(Senior Division) Chandauli District Chandauli since 7.9.2024 within
stipulated period to be fixed 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 (Senior Division) Chandauli District Chandauli to decide
6C application dated 7.9.2024 filed in suit no. 381 of 2024 (Shivji Yadav and
others Vs. Afsar and others), expeditiously, preferably within eight months,
strictly in accordance with law, without granting any unnecessary
adjournments, subject to legal impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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