Allahabad High Court
MOLAHE @ MOLHUversusSMT. ASHMA KHATOON
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is disposed of with a direction to the Civil Judge (J.D.) Dumariyaganj to decide the pending suit.
Summary
The petitioner, Molahe @ Molhu, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Dumariyaganj, Siddharth Nagar, to decide a pending suit (Case No. 348 of 2025) concerning the cancellation of an unregistered will deed dated 25 September 1997 relating to three parcels of land. The petition alleged that the will deed should be declared null and void. The High Court noted that the suit is already pending and that issuing further notices to the respondent would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the pending suit as per the court roster. No substantive merits of the will deed were examined; the order was purely procedural.
Issues considered
- Whether the High Court should issue a direction to the civil court to expedite the pending suit concerning the unregistered will deed?
- Whether the writ petition under Article 227 is maintainable for directing the trial of the underlying civil suit?
Subjects
- Article 227
- writ petition
- civil suit
- property dispute
- unregistered will
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6168 of 2026
Molahe @ Molhu
.....Petitioner(s)
Versus
Smt. Ashma Khatoon
.....Respondent(s)
Counsel for Petitioner(s) : Shriprakash Shrivastava
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 (J.D.) Dumariyaganj, Siddharth Nagar to decide the Case
No. 348 of 2025 (Molahe @ Molhu Vs. Smt. Ashma Khatoon) filed before
Civil Judge (J.D.) Dumariyaganj, Siddharth Nagar regarding Arazi No.
152/1.448 hectare, 195/0.181 hectare and 387/0.151 hectare situated at
Mazua Sirsiya, Tappa Kot, Pargana Bansi Pashchim, Tehsil Itwa, District
Siddharth Nagar cancellation the unregistered Will deed dated 25.9.1997 in
null and void and set aside the aforesaid unregistered Will deed dated
25.9.1997 within stipulated period of time.
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 (J.D.) Dumariyaganj, Siddharth Nagar to decide the Case
No. 348 of 2025 (Molahe @ Molhu Vs. Smt. Ashma Khatoon) filed before
Civil Judge (J.D.) Dumariyaganj, Siddharth Nagar regarding Arazi No.
152/1.448 hectare, 195/0.181 hectare and 387/0.151 hectare situated at
A227 No. 6168 of 2026
2
Mazua Sirsiya, Tappa Kot, Pargana Bansi Pashchim, Tehsil Itwa, District
Siddharth Nagar, as per roster.
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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