Allahabad High Court

MAJAHARversusTAUBAB ALI

Decided: 5 May 2026
Bench: VIKAS BUDHWAR

Holding

The writ petition is dismissed and the lower court is directed to decide the pending application expeditiously, without unnecessary adjournments.

Summary

Majahar filed a writ petition under Article 227 seeking a direction to the Civil Judge/Judicial Magistrate of Dumariyaganj to decide a pending application (Misc. Case No. 18/2025) arising out of Original Case No. 299 of 2020 between the parties. The petitioner argued that the lower court should decide the matter expeditiously. The High Court observed that the application is already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and directed the lower court to decide the pending application without unnecessary adjournments, subject only to any legal impediment. The order was pronounced on 6 May 2026.

Issues considered

Whether the writ petition under Article 227 seeking a direction to the lower court for expeditious disposal of a pending application should be entertained.

Legislation cited

Code of Civil Procedure, 1908 — s. 151, Order 9 Rule 13
Constitution of India — s. Article 227

Subjects

Writ petition
Article 227
Civil Procedure Code
Section 151
Order 9 Rule 13
expeditious disposal
adjournment
jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6381 of 2026

                                    Majahar
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Taubab Ali
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Mohd Shamim Khan, Noor Jahan
                                    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 (J.D.)/ Judicial Magistrate, Dumariyaganj, Siddharthnagar to
                                    decide the Civil Judge (J.D.)/Judicial Magistrate, Dumariyaganj,
                                    Siddharthnagar to decide the application/ Misc. Case No. 18/2025 (Majahar
                                    Vs. Taubab Ali), under order-9, Rule-13 & section-151 C.P.C. in Original
                                    Case No. 299 of 2020 (Taubab Ali Vs. Majahar).

                                    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 (J.D.)/ Judicial Magistrate, Dumariyaganj, Siddharthnagar
                                    to decide the Civil Judge (J.D.)/Judicial Magistrate, Dumariyaganj,
                                    Siddharthnagar to decide the application/ Misc. Case No. 18/2025 (Majahar
                                    Vs. Taubab Ali), under order-9, Rule-13 & section-151 C.P.C. in Original
                                    Case No. 299 of 2020 (Taubab Ali Vs. Majahar), expeditiously, 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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