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Allahabad High Court

MUSKEENversusNOOR AHMAD AND 8 OTHERS

Decided

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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