Allahabad High Court
SUNILversusLALLAN AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge to decide the pending civil suit expeditiously, thereby disposing of the writ petition.
Summary
Sunil filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Maharajganj, to decide civil suit No. 64 of 2021 (Inrauti Devi & Others v. Lallan & others) within a stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The High 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 and directed the Civil Judge to decide the suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, subject to the absence of any legal impediment. The order was pronounced on May 6, 2026.
Issues considered
- Whether the High Court, under Article 227, can issue a direction to a lower court to decide a pending civil suit expeditiously.
Subjects
- Article 227
- writ petition
- civil suit
- expeditious disposal
- direction to lower court
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6328 of 2026
Sunil
.....Petitioner(s)
Versus
Lallan And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Srivastava
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 Court of Civil Judge (Junior Division), Maharajgnaj, to
decide the civil suit No. 64 of 2021 (Inrauti Devi & Others Vs. Lallan &
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 Civil Judge (Junior Division), Maharajgnaj, to decide the civil suit No.
64 of 2021 (Inrauti Devi & Others Vs. Lallan & 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
Checking your session…