Allahabad High Court
RAMESH CHANDRA MAURYAversusRAJESH PANDEY AND 12 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the subordinate civil court to decide the pending suit expeditiously, ensuring notice and hearing.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division)/F.T.C. Ist, Sant Kabir Nagar to decide O.S. No.706 of 2021 (Rajesh Pandey v. Ramesh Chandra Maurya & others). The petitioner argued that the suit was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained undecided. Consequently, the Court disposed of the writ petition, directing the lower court to decide the suit promptly, after serving notice to all respondents and providing them an opportunity to be heard and present evidence, subject to the absence of any other legal impediment.
Issues considered
- What relief, if any, can a High Court grant under Article 227 to direct a subordinate court to decide a pending civil suit expeditiously?
Subjects
- Article 227
- Writ petition
- Civil suit
- Expeditious disposal
- Notice and hearing
- Subordinate court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5870 of 2026
Ramesh Chandra Maurya
.....Petitioner(s)
Versus
Rajesh Pandey And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Indresh Kumar, Sanjeev Kumar Singh
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
learned Civil Judge (Junior Division)/F.T.C. Ist, Sant Kabir Nagar to decide
the O.S. No.706 of 2021 (Rajesh Pandey Vs. Ramesh Chandra Maurya 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 thelearned Civil Judge (Junior Division)/F.T.C. Ist, Sant Kabir Nagar to
decide the O.S. No.706 of 2021 (Rajesh Pandey Vs. Ramesh Chandra
Maurya and others), 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
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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