Allahabad High Court
MUSKEENversusNOOR AHMAD AND 8 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the trial court to decide the original suit expeditiously, ensuring due process.
Summary
The petitioner, Muskeen, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Rampur to decide the pending original suit No. 608 of 2025 against Noor Ahmad and others within a stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The High Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the trial court to decide the original suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, provided no other legal impediment exists. The order was passed on May 6, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a trial court to decide a pending suit within a stipulated time
Subjects
- Article 227
- writ petition
- expeditious trial
- civil procedure
- direction to lower court
- jurisdiction of High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6318 of 2026
Muskeen
.....Petitioner(s)
Versus
Noor Ahmad And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukesh Kumar
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 trial court i.e. Civil Judge (J.D.) Rampur to decide the
original suit No.608 of 2025 (Muskeen Vs. Noor Ahmad 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 trial court i.e. Civil Judge (J.D.) Rampur to decide the original suit
No.608 of 2025 (Muskeen Vs. Noor Ahmad and others), 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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