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Allahabad High Court

SATYA DEVversusRAM DULAR AND 8 OTHERS

Decided

Holding

The writ petition is disposed with a direction to the Additional Civil Judge to decide the original suit expeditiously.

Summary

Satya Dev filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (S.D.) Court No.14, Allahabad, to decide Original Suit No. 3231 of 2022 against Ram Dular and others. The petitioner requested that the suit be decided expeditiously. The High Court observed that the original suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and directed the Additional Civil Judge to decide the original suit promptly, ensuring service of notice, hearing, and opportunity to lead evidence, subject to the absence of any legal impediment. The order was pronounced on May 6, 2026.

Issues considered

  • Whether the High Court should issue a direction to the Additional Civil Judge to decide the pending original suit.
  • Whether the writ petition should be dismissed as it serves no useful purpose while the original suit is pending.

Subjects

  • Article 227
  • writ petition
  • original suit
  • expeditious disposal
  • jurisdiction
  • service of notice

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5866 of 2026

                                    Satya Dev
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Ram Dular And 8 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Nimai Srivastava,          Rakesh     Kumar
                                                                        Srivastava
                                    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 direction to the
                                    Court to Additional Civil Judge (S.D.) Court No.14 Allahabad to decide the
                                    Original Suit No. 3231 of 2022 Satya Dev Versus Ram Dular and others.

                                    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 to Additional Civil Judge (S.D.) Court No.14 Allahabad to
                                    decide the Original Suit No. 3231 of 2022 (Satya Dev Versus Ram Dular
                                    and others), 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
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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