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Allahabad High Court

SMT. SUNITA DEVIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The writ petition is disposed of with a direction to the trial court to decide the impleadment application within six months, subject to procedural safeguards.

Summary

The petitioner, Smt. Sunita Devi, filed a writ petition under Article 227 seeking a direction that the trial court decide an impleadment application filed on 1 May 2025 in Succession Case No.33 of 2025 (Rajendra Babbar @Rajendar Babbar v. Awaam Janta). The petition argued that the pending suit needed to be decided expeditiously. The High Court observed that keeping the writ petition pending served no useful purpose while the underlying suit was already pending. Consequently, the Court disposed of the writ petition, directing the trial court to decide the impleadment application within six months, after serving notice to all respondents and allowing them a hearing and opportunity to lead evidence, provided no other legal impediment exists. The order was pronounced on 5 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court should issue a direction for the trial court to decide the impleadment application in the pending succession suit.
  • Whether the writ petition should be kept pending when the substantive suit is already pending.

Subjects

  • Article 227
  • Writ petition
  • Impleadment application
  • Succession suit
  • Expeditious trial
  • High Court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6272 of 2026

                                    Smt. Sunita Devi
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Poonam, Shailendra Pratap Subodh
                                    Counsel for Respondent(s)           :   C.S.C.

                                    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 and consider the impleadment application dated 01.05.2025 in
                                    Succession Case No.33 of 2025 (Rajendra Babbar @Rajendar Babbar Vs.
                                    Awaam Janta) of the petitioner which is pending since 01.05.2025.

                                    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 decide and consider the impleadment application dated 01.05.2025 in
                                    Succession Case No.33 of 2025 (Rajendra Babbar @Rajendar Babbar Vs.
                                    Awaam Janta) of the petitioner which is pending since 01.05.2025, in
                                    accordance with law, within a period of six months, 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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