Allahabad High Court
SMT. SUNITA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
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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