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Allahabad High Court

KULDEEP SINGH SALUJA AND 3 OTHERSversusJASVIR SINGH SALUJA

Decided

Holding

The writ petition is disposed with a direction to the Civil Judge (Jr. Div.) Muhammadabad, Ghazipur to decide the original suit expeditiously, subject to procedural safeguards.

Summary

The petitioners, Kuldeep Singh Saluja and three others, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Muhammadabad, Ghazipur to promptly decide original suit No. 495 of 2021 (Ajeet Singh & others v. Jasvir Singh Saluja). The petition alleged that the lower court had not yet decided the suit and that the parties were awaiting a decision. The High Court noted that the suit was still pending and that issuing further notices to the respondents would not serve any useful purpose. Consequently, the Court held that the writ petition itself should be disposed of. It directed the lower court to decide the suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, unless another legal impediment existed. The order was pronounced on May 5, 2026, by Justice Vikas Budhwar.

Issues considered

  • What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to expedite a pending civil suit?
  • Whether a writ petition seeking such a direction is maintainable when the suit is still pending.

Subjects

  • Article 227
  • supervisory jurisdiction
  • writ petition
  • civil suit
  • expeditious disposal
  • service of notice
  • hearing

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6234 of 2026

                                    Kuldeep Singh Saluja And 3 Others
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Jasvir Singh Saluja
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Arun Vikram, Avnish            Kumar      Rai,
                                                                        Samarath 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
                                    Court of Civil Judge (Jr. Div.) Muhammadabad, Ghazipur to forthwith
                                    decide the original suit no. 495 of 2021 between (Ajeet Singh and others Vs.
                                    Jasvir Singh Saluja).

                                    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 Court of Civil Judge (Jr. Div.) Muhammadabad, Ghazipur to forthwith
                                    decide the original suit no. 495 of 2021 between (Ajeet Singh and others Vs.
                                    Jasvir Singh Saluja), 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 5, 2026
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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