Allahabad High Court
SHIVANAND AND ANOTHERversusCHANDRIKA AND 6 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge, Rasra, to decide the execution case expeditiously, without unnecessary adjournments.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D) Rasra, District Ballia, to decide Execution Case No. 7 of 2025 (Shivanand et al. v. Chandriaka et al.) in accordance with a judgment dated 4‑12‑2008 and a decree order dated O.S. No. 1163 of 2002. The petitioners requested a correction to the prayer clause, which the court allowed, and the court decided not to issue notices to the respondents. The High Court observed that the execution case was pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the court disposed of the writ petition, directing the civil judge to decide the execution case expeditiously, without unnecessary adjournments, subject to any legal impediment. The order was dated 5 May 2026 and signed by Justice Vikas Budhwar.
Issues considered
- What jurisdiction does the High Court have under Article 227 to direct a subordinate civil court to decide a pending execution case?
- Whether the petitioners are entitled to a direction for expeditious disposal of the execution case without further adjournments.
Subjects
- Article 227
- writ petition
- execution decree
- civil court direction
- adjournment
- jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6181 of 2026
Shivanand And Another
.....Petitioner(s)
Versus
Chandrika And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mainuddin Ahamad
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. On the oral request made by the learned counsel for the petitioners, he is
permitted to correct the prayer clause during the course of the day.
3. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
4. The solitary relief claimed in the present writ petition is for a direction to
the Civil Judge (J.D) Rasra, District Ballia to decide the execution Case No.
7 of 2025 (Shivanand and others Vs. Chandriaka and others) District-Ballia
in pursuance of the judgment and order dated 4-12-2008 and decree order
passed by learned civil Judge (J.D) Rasra, Ballia in O.S. No. 1163 of 2002
Shivanand and others Vs. Chandriaka and others) within the stipulated
period as directed by this Hon'ble Court.
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) Rasra, District Ballia to decide the execution Case
No. 7 of 2025 (Shivanand and others Vs. Chandriaka and others) District-
Ballia in pursuance of the judgment and order dated 4-12-2008 and decree
order passed by learned civil Judge (J.D) Rasra, Ballia in O.S. No. 1163 of
2002 Shivanand and others Vs. Chandriaka and others), expeditiously,
A227 No. 6181 of 2026
2
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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