Allahabad High Court
DWARIKA NATHversusRADHAMOHAN GOYAL AND 20 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the lower court to decide the pending civil appeal expeditiously.
Summary
The petitioner, Dwarika Nath, filed a writ petition under Article 227 seeking a direction to the Additional District Judge/F.T.C., Court No. 1, Azamgarh, to finally decide Civil Appeal No. 75 of 2013 (Radhamohan Goyal & others v. Muralidhar & others), which had been pending since 2013. The petitioner argued that the continued pendency served no useful purpose and requested expeditious disposal. The Court noted that the appeal remained unresolved and that keeping the writ petition alive would be futile. Consequently, the Court disposed of the writ petition, directing the lower court to decide the pending appeal promptly, after serving notice to all respondents and affording them a hearing and opportunity to lead evidence, provided no other legal impediment exists. The order effectively closes the writ petition while mandating the lower court to act on the long‑standing appeal.
Issues considered
- Whether the High Court should issue a direction under its supervisory jurisdiction (Article 227) to the Additional District Judge/F.T.C., Azamgarh, to decide a civil appeal pending since 2013.
Subjects
- Article 227
- writ petition
- civil appeal
- supervisory jurisdiction
- expeditious disposal
- notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5872 of 2026
Dwarika Nath
.....Petitioner(s)
Versus
Radhamohan Goyal And 20 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prashant Upadhyay
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 of Additional District Judge/F.T.C., Court No. 1, Azamgarh to decide
the Civil Appeal No. 75 of 2013 (Radhamohan Goyal & others Vs.
Muralidhar & others) pending since 2013.
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 of Additional District Judge/F.T.C., Court No. 1, Azamgarh to
decide the Civil Appeal No. 75 of 2013 (Radhamohan Goyal & others Vs.
Muralidhar & others) pending since 2013, 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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