Allahabad High Court
CHHOTE LALversusHEERA LAL AND 11 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the trial judge to expedite the pending civil suit, subject to procedural safeguards.
Summary
Petitioner Chhote Lal filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (J.D.), New Court‑II, Jaunpur to expedite the pending civil suit (Case No. 437 of 2007, Brij Bihari & Others v. Heera Lal & Others). The petitioner argued that the suit was unduly delayed and requested the High Court to intervene. The Court observed that the suit was still pending and that issuing a direction to expedite it would serve a useful purpose, whereas keeping the writ petition alive would not. Consequently, the Court disposed of the writ petition, directing the trial judge to decide the suit expeditiously, without unnecessary adjournments, after proper service of notice and hearing of all parties, subject to the absence of any legal impediment. The order was pronounced on 6 May 2026.
Issues considered
- Whether the High Court can, under Article 227, issue a writ directing a lower civil court to expedite a pending suit.
- Whether the writ petition should be dismissed as it serves no further purpose.
Subjects
- Article 227
- writ petition
- expeditious trial
- civil procedure
- adjournment
- service of notice
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6292 of 2026
Chhote Lal
.....Petitioner(s)
Versus
Heera Lal And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bharti 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
Additional Civil Judge (J.D.), New Court-II, Jaunpur to expedite the Case
No.437 of 2007 (Brij Bihari and Others Vs. Heera Lal and Others), pending
before him, expeditiously.
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 Additional Civil Judge (J.D.), New Court-II, Jaunpur to expedite the
Case No.437 of 2007 (Brij Bihari and Others Vs. Heera Lal and Others),
pending before him, 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 6, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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