Allahabad High Court
SANJAY SINGH PARIHARversusMRS. URMILA VYAS AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Additional Chief Judicial Magistrate to decide the pending Original Suit No. 556 of 2019 expeditiously, ensuring due process.
Summary
The petitioner, Sanjay Singh Parihar, filed a writ petition under Article 227 seeking a direction to the Additional Chief Judicial Magistrate, Prayagraj, to decide Original Suit No. 556 of 2019 pending before it. The petitioner argued that the suit was pending and required expeditious disposal. The Court noted that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the Court disposed of the writ petition, directing the magistrate to decide the original suit promptly, ensure service of notice to all respondents, and provide a reasonable opportunity to lead evidence, subject to the absence of any legal impediment. The direction aims to expedite the pending civil suit without further procedural delays.
Issues considered
- What relief, if any, can be granted by the High Court under Article 227 to direct a lower court to decide a pending suit expeditiously?
Subjects
- Article 227
- Writ petition
- Expeditious disposal
- Civil suit
- High Court direction
- Due process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6305 of 2026
Sanjay Singh Parihar
.....Petitioner(s)
Versus
Mrs. Urmila Vyas And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Tiwari, Bishwambhar Kumar
Singh Raju
Counsel for Respondent(s) : Kuldeep Tripathi, Shiv Shanker Mishra
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 Additional Chief Judicial Magistrate, Prayagraj to decide the
Original Suit No. 556 of 2019 (Sanjay Singh Parihar V/s Urmila Vyas and
others), 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 Additional Chief Judicial Magistrate, Prayagraj to decide the Original
Suit No. 556 of 2019 (Sanjay Singh Parihar V/s Urmila Vyas and others), 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
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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