Allahabad High Court
SANTRAMversusANIL GAUTAM AND 9 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the lower court to decide the pending suit expeditiously, subject to procedural safeguards.
Summary
The petitioner Santram filed a writ petition under Article 227 seeking a direction to the Civil Judge/Judicial Magistrate, Dumariyaganj, to decide the pending Original Suit No. 391 of 2024 against Anil Gautam and others within a stipulated time. The petitioner argued that the suit was languishing and required expeditious disposal. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the lower court to decide the original suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, subject to no other legal impediment. The order was pronounced on May 7, 2026.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to decide a pending suit expeditiously
Subjects
- Article 227
- writ petition
- expeditious trial
- Civil Procedure
- jurisdiction
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6387 of 2026
Santram
.....Petitioner(s)
Versus
Anil Gautam And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Shamim Khan, Shadab Ansari
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 Civil Judge (J.D.)/ Judicial Magistrate, Dumariyaganj,
Siddharthnagar to decide the Original Suit No. 391 of 2024 (Santram Vs.
Anil Gautam 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 theCivil Judge (J.D.)/ Judicial Magistrate, Dumariyaganj, Siddharthnagar
to decide the Original Suit No. 391 of 2024 (Santram Vs. Anil Gautam 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 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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