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Allahabad High Court

ZAHIRA KHATOONversusJAMEEL AHAMAD AND 9 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the lower court to decide the pending suit expeditiously.

Summary

The petitioner, Zahira Khatoon, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Sant Kabir Nagar to decide her suit (No. 324 of 2013) against Jameel Ahamad and others. The petitioner’s counsel requested that the suit be decided expeditiously. The Court observed that since the suit remains pending, the writ petition no longer serves any useful purpose. Consequently, the Court disposed of the writ petition, directing the lower court to decide the suit promptly, without unnecessary adjournments, ensuring service of notice and opportunity to be heard, provided no other legal impediment exists. The order was pronounced on May 5, 2026, by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court should issue a direction under Article 227 for the lower court to expedite the trial of suit No. 324 of 2013.

Subjects

  • Article 227
  • writ petition
  • direction to lower court
  • expeditious trial
  • Civil suit
  • jurisdiction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6263 of 2026

                                    Zahira Khatoon
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Jameel Ahamad And 9 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Furquan Ahmad (Alvi)
                                    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 below to decide the suit filed by the plaintiff petitioner bearing suit no.
                                    324 of 2013 (Zahira khatoon Vs. Jameel and others) pending in the court of
                                    Civil Judge (Junior Division), Sant Kabir Nagar.

                                    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 below to decide the suit filed by the plaintiff petitioner bearing
                                    suit no. 324 of 2013 (Zahira khatoon Vs. Jameel and others) pending in the
                                    court of Civil Judge (Junior Division), Sant Kabir Nagar, 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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