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Allahabad High Court

SAMSHADversusYASIN AND 11 OTHERS

Decided

Holding

The High Court directed the Civil Judge to decide the pending case expeditiously, ensuring service of notice and a fair hearing to all parties.

Summary

The petitioner, Samshad, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Hawali, Saharanpur, to decide Misc. Case No. 62 of 2025 pending before that court. The petitioner argued that the lower court had unduly delayed the case and requested an expeditious disposal. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the pending case promptly, ensuring that notice is served to all respondents and that they are given a fair hearing and opportunity to lead evidence, subject to the absence of any other legal impediment. The order was dated 6 May 2026.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate court to decide a pending case expeditiously?
  • Whether the High Court must ensure service of notice and opportunity of hearing to all respondents before ordering disposal of the pending case?

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • expeditious trial
  • jurisdiction
  • notice

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6296 of 2026

                                    Samshad
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Yasin And 11 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Avinash Pandey
                                    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
                                    learned Civil Judge (J.D.) Hawali, Saharanpur/court concerned to decide the
                                    Misc. Case no. 62 of 2025 (Samshad vs. Yasin and others) pending in the
                                    court of Civil Judge (J.D.) Hawali, Saharanpur.

                                    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 learned Civil Judge (J.D.) Hawali, Saharanpur/court concerned to
                                    decide the Misc. Case no. 62 of 2025 (Samshad vs. Yasin and others)
                                    pending in the court of Civil Judge (J.D.) Hawali, Saharanpur, in accordance
                                    with law, expeditiously, 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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