Allahabad High Court
SUJAT ALIversusKANIJ FATIMA AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is dismissed and the High Court directs the Civil Judge (Senior Division) Haweli, Azamgarh to decide the pending suit expeditiously, ensuring service of notice and hearing.
Summary
Sujat Ali filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) at Haweli, Azamgarh to decide Original Suit No. 2370 of 2024 (Kanij Fatima v. Abdul Ahad and others) within the stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The Court observed that since the suit was already pending, keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition and directed the lower court to decide the suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, subject to no other legal impediment. The order was signed on May 6, 2026.
Issues considered
- Whether a writ petition seeking a direction to a lower court to expedite a pending suit should be entertained
- Whether the High Court can direct the Civil Judge to decide the pending suit expeditiously ensuring due process
Subjects
- Article 227
- writ petition
- expedition of suit
- civil procedure
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6300 of 2026
Sujat Ali
.....Petitioner(s)
Versus
Kanij Fatima And Another
.....Respondent(s)
Counsel for Petitioner(s) : Firdos Ahmad
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 writ, order or
direction to the Civil Judge (Senior Division) Haweli, Azamgarh to decide to
Original Suit Case No.2370 of 2024 (Kanij Fatima Vs. Abdul Ahad and
other), pending before it within stipulated time, as may deem fit and proper
by this Hon'ble Court.
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 Civil Judge (Senior Division) Haweli, Azamgarh to decide to Original
Suit Case No.2370 of 2024 (Kanij Fatima Vs. Abdul Ahad and other), in
accordance with law, expeditiously as per roster, 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
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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