Allahabad High Court
ABDUL RAZZAK AND ANOTHERversusRAM SHIROMANI AND 35 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is dismissed, and the trial court is directed to decide the pending suit within one year, subject to procedural safeguards.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the trial court to finally decide Suit No. 990 of 1996, which had been pending for over 30 years before the Upper Civil Judge, Junior Division, New Court Eleventh, District Jaunpur. The petitioners argued that the prolonged pendency served no useful purpose and requested an expeditious disposal of the suit. The Court observed that keeping the writ petition alive would be futile while the underlying suit remained unresolved. Consequently, the Court disposed of the writ petition, directing the trial court to decide the suit within one year, ensuring service of notice to all respondents, a hearing opportunity, and no unnecessary adjournments, provided no other legal impediment exists. The order thus aims to expedite the long‑standing civil suit and bring closure to the matter.
Issues considered
- What relief, if any, can a High Court grant under Article 227 to compel a lower court to decide a civil suit pending for an extended period?
Subjects
- Article 227
- writ petition
- civil suit pendency
- expeditious trial
- judicial direction
- court adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5873 of 2026
Abdul Razzak And Another
.....Petitioner(s)
Versus
Ram Shiromani And 35 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alakshendra Pratap, Priyanka Singh,
Sheel 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 respondent/authorities concern decide the case, Suit No. 990 of 1996
(Abdul Razzak Vs. Ram Shiromani and others) pending before
consideration before Upper Civil Judge (Junior Division), New Court
Eleventh, District Jaunpur since last more than 30 years.
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 respondent/authorities concern decide the case, Suit No.
990 of 1996 (Abdul Razzak Vs. Ram Shiromani and others) pending
before consideration before Upper Civil Judge (Junior Division), New
Court Eleventh, District Jaunpur since last more than 30 years, in
accordance with law, within a period of one year without granting
A227 No. 5873 of 2026
2
unnecessary adjournment, 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
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
Checking your session…