Allahabad High Court
VINOD KUMARversusPREMDEI AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the lower court to decide the suit expeditiously, limiting adjournments and ensuring proper notice and hearing.
Summary
Vinod Kumar filed a writ petition under Article 227 seeking a direction that the pending Suit No. 52 of 2010 (Premdei v. Rajdei), which concerns the cancellation of a gift deed, be decided expeditiously by the Civil Judge (Junior Division) in Mohammadabad Gohna, District Mau. The petitioner argued that the suit's delay was causing prejudice and requested the High Court to intervene. The Court noted that the suit is 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 suit without unnecessary adjournments, limiting any adjournment to exceptional circumstances not exceeding two weeks, and ensuring service of notice and hearing to all parties. The order emphasizes adherence to law and procedural fairness in the pending civil suit.
Issues considered
- Whether a High Court can issue a direction under Article 227 for a lower court to decide a pending civil suit expeditiously
- Whether the writ petition seeking such a direction is maintainable
Subjects
- Article 227
- writ petition
- expeditious trial
- gift deed
- civil procedure
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6251 of 2026
Vinod Kumar
.....Petitioner(s)
Versus
Premdei And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Intekhab Alam Khan, Janardan 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
decide the Suit No. 52 Of 2010, computerized case No.- CNR NO-
UPMA0600160529:10 (Premdei Versus Rajdei) seeking relief of
Cancelation of Gift Deed before the Learned Civil Judge (Junior
Division), Mohammadabad Gohna, District- Mau.
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 decide the Suit No. 52 Of 2010, computerized case No.-
CNR NO-UPMA0600160529:10 (Premdei Versus Rajdei) seeking relief
of Cancelation of Gift Deed before the Learned Civil Judge (Junior
Division), Mohammadabad Gohna, District- Mau, in accordance with
law, expeditiously without granting unnecessary adjournment, in case,
any adjournments is granted then the same should be in exceptional
circumstances not beyond the stretch of two weeks, after ensuring service
A227 No. 6251 of 2026
2
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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