Allahabad High Court
ABDUL ALI AND ANOTHERversusMEHFUZUR RAHMAN AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Junior Division), District Mau to decide Original Suit No. 336 of 2021 expeditiously and disposed of the writ petition.
Summary
The petitioners, Abdul Ali and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of District Mau to decide Original Suit No. 336 of 2021, which was pending between the same parties. The petition alleged that the lower court had unduly delayed the suit and requested the High Court to intervene for expeditious disposal. The Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the High Court disposed of the writ petition, directing the lower court to decide the original suit promptly, after ensuring service of notice and opportunity of hearing to all respondents. No other legal impediment was identified, and the direction was issued without issuing notices to the respondents in the writ petition.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending suit expeditiously?
Subjects
- Article 227
- Writ petition
- Civil Procedure
- Expeditious disposal
- Jurisdiction
- Original suit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6345 of 2026
Abdul Ali And Another
.....Petitioner(s)
Versus
Mehfuzur Rahman And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sabahat Naushad
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 Ld. Civil Judge (Junior Division), District Mau to
consider and decide the Original Suit No. 336 of 2021, Mehfuzur Rahman &
others versus Abdul Ali & 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 Ld. Civil Judge (Junior Division), District Mau to consider and decide
the Original Suit No. 336 of 2021, Mehfuzur Rahman & others versus Abdul
Ali & 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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