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Allahabad High Court

CHANDRA PRAKASH AND ANOTHERversusVINAY PRAKASH YADAV AND ANOTHER

Decided

Holding

The High Court directed the Civil Judge (Junior Division)/F.T.C. Court No. 16 to decide the original suit expeditiously, ensuring notice and hearing to all parties.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division)/F.T.C. Court No. 16, Allahabad to decide Original Suit No. 1925 of 2018 expeditiously. The petition alleged that the suit was pending without any progress and that a judicial direction was necessary to ensure speedy disposal. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the lower court to decide the original suit promptly, after serving notice to all respondents and affording them a fair hearing. The order emphasized compliance with law and the provision of a reasonable opportunity to lead evidence, subject to the absence of any other legal impediment.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending suit expeditiously?

Subjects

  • Article 227
  • writ petition
  • expeditious trial
  • civil suit
  • judicial direction
  • notice and hearing

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5877 of 2026

                                    Chandra Prakash And Another
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Vinay Prakash Yadav And Another
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Ghan Shyam, Sushil Kumar Pandey
                                    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
                                    Civil Judge (Junior Division)/F.T.C. Court No. 16, Allahabad to decide the
                                    Original Suit No. 1925 of 2018 (Chandra Prakash and another Vs. Vinay
                                    Prakash Yadav and another) expeditiously.

                                    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 (Junior Division)/F.T.C. Court No. 16, Allahabad to
                                    decide the Original Suit No. 1925 of 2018 (Chandra Prakash and another Vs.
                                    Vinay Prakash Yadav and another), 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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