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Allahabad High Court

PURAN AND 2 OTHERSversusBHAUN AND 2 OTHERS

Decided

Holding

The petition is disposed with a direction to the Civil Judge (Junior Division), Kushi Nagar to decide the original suit expeditiously, without unnecessary adjournments.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Kushi Nagar, Padrauna, to decide Original Suit No. 499 of 2023 (Banhu & others vs Puran & others) within the time stipulated by the High Court. The petition sought an expeditious disposal of the suit and no adjournments. The Court observed that the original suit was pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the suit promptly, in accordance with law, and without unnecessary adjournments, subject to any legal impediment. The order was pronounced on 6 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the writ petition under Article 227 seeking a direction to the civil court for expeditious disposal of a pending suit is maintainable?

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • expeditious disposal
  • adjournment

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6368 of 2026

                                    Puran And 2 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Bhaun And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Arun Kumar, Sunil Kumar Tiwari
                                    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 is for a direction to
                                    the Civil Judge (Junior Division), Kushi Nagar at Padrauna to decide the
                                    Original Suit No.499 of 2023 (Banhu & others Vs. Puran & others), within
                                    the time stipulated 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), Kushi Nagar at Padrauna to decide the
                                    Original Suit No.499 of 2023 (Banhu & others Vs. Puran & others),
                                    expeditiously, strictly in accordance with law, without granting any
                                    unnecessary adjournments, subject to legal impediment.

                                    May 6, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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