Allahabad High Court
RAVINDRA SINGHversusVISHWA DEV PRASAD AND 8 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge (S.D.) Mau to decide the pending suit expeditiously, subject to service of notice and opportunity of hearing.
Summary
Petitioner Ravindra Singh filed a writ petition under Article 227 seeking a direction to the Civil Judge (S.D.) Mau to decide the pending suit O.S. No.128 of 1996 (Vishwa Dev vs. Shamsher and others). The petitioner argued that the suit should be decided expeditiously. The High Court noted that the suit was still 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 suit promptly, without unnecessary adjournments, after serving notice to all respondents and allowing them a reasonable opportunity to present evidence, provided no other legal impediment exists. No notices were issued to the respondents in the writ petition itself.
Issues considered
- Whether the High Court can issue a direction to a lower civil court to decide a pending suit expeditiously under its supervisory jurisdiction under Article 227
- Whether the writ petition should be disposed of in view of the pending suit
Subjects
- Article 227
- writ petition
- civil suit
- expeditious trial
- direction to lower court
- notice
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6252 of 2026
Ravindra Singh
.....Petitioner(s)
Versus
Vishwa Dev Prasad And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajeet Kumar Yadav, Amit Kumar
Mishra
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
Civil Judge (S.D.) Mau to decide the O.S. No.128 of 1996 Vishwa Dev Vs.
Shamsher and others.
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 (S.D.) Mau to decide the O.S. No.128 of 1996 (Vishwa
Dev Vs. Shamsher and others), in accordance with law,
expeditiously without granting unnecessary adjournment, 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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