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Allahabad High Court

BAHADUR @ LAL BAHADURversusMUNNU AND 3 OTHERS

Decided

Holding

The High Court disposed of the writ petition, directing the Civil Judge to decide the pending execution case expeditiously, as the petition served no further purpose.

Summary

The petitioner, Bahadur (Lal Bahadur), filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Mirzapur to decide execution case No. 2/2007, which arose from original suit No. 354 of 1978 (Badari Prasad v. Munnu). The petition argued that the execution case was pending and needed to be decided expeditiously. The Court observed that, since the execution case itself was pending, the writ petition no longer served any useful purpose. Consequently, the Court disposed of the writ petition and issued a directive to the Civil Judge to decide the execution case within a short, stipulated period, without unnecessary adjournments, subject to any legal impediment. The order was signed on 5 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower civil court to decide a pending execution case expeditiously.
  • Whether the writ petition should be dismissed as it no longer serves any useful purpose.

Subjects

  • Article 227
  • Writ petition
  • Execution decree
  • Civil Procedure Code
  • Expeditious disposal
  • Supervisory jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6167 of 2026

                                    Bahadur @ Lal Bahadur
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Munnu And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Ratnesh Kumar Jaiswal
                                    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 is for a direction to
                                    the Civil Judge (Junior Division)/Third, Mirzapur to decide the execution
                                    case no. 2/2007 arising out of original case no. 354 of 1978 (Shri Badari
                                    Prasad vs. Shri Munnu and others) which is pending in the court of
                                    Additional Civil Judge (Junior Division)/ Third Mirzapur within short
                                    stipulated period fixed by this Hon'ble court.

                                    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)/Third, Mirzapur to decide the execution
                                    case no. 2/2007 arising out of original case no. 354 of 1978 (Shri Badari
                                    Prasad vs. Shri Munnu and others), expeditiously, strictly in accordance with
                                    law, without granting any unnecessary adjournments, subject to legal
                                    impediment.

                                    May 5, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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