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Allahabad High Court

SHIV JI YADAV AND 3 OTHERSversusAFSAR AND 25 OTHERS

Decided

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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