Allahabad High Court
SEEMA DEVIversusMAMTA DEVI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge (Junior Division) Hawali, Bareilly to decide the pending miscellaneous case expeditiously, ensuring due process.
Summary
The petitioner, Seema Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Hawali, Bareilly to decide Miscellaneous Case No. 23 of 2025 involving the respondent, Mamta Devi. The petitioner’s counsel requested an expeditious decision of the pending suit. The High Court observed that keeping the writ petition pending would serve no useful purpose while the underlying case remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower court to decide the case promptly, ensuring service of notice, hearing, and opportunity to lead evidence, provided no other legal impediment exists. The order was dated May 5, 2026.
Issues considered
- Whether the High Court should entertain and grant a writ direction for the lower court to decide a pending miscellaneous suit
Subjects
- Article 227
- writ petition
- civil procedure
- expeditious disposal
- jurisdiction of High Court
- notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6257 of 2026
Seema Devi
.....Petitioner(s)
Versus
Mamta Devi
.....Respondent(s)
Counsel for Petitioner(s) : Sujeet Kumar Yadav
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 (Junior Division) Hawali, Bareilly to decide the Misc. Case No.
23 of 2025 (Seema Devi Versus Mamta Devi 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 (Junior Division) Hawali, Bareilly to decide the Misc.
Case No. 23 of 2025 (Seema Devi Versus Mamta Devi and others), in
accordance with law, expeditiously as per roster, 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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