Created by Fuzzy Cloud

Allahabad High Court

DULIRAMversusDIRECTOR K.P. SINGH

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Junior Division), District Rampur to decide the pending suit expeditiously.

Summary

The petitioner Duliram filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), District Rampur to decide Suit No. 281 of 2022 (Duliram vs Director K.P. Singh) within a stipulated time. The petition alleged that the suit was pending and required expeditious disposal. The Court observed that the suit was indeed pending and that issuing further notices to the respondents would serve no useful purpose. Consequently, the Court held that keeping the writ petition pending was futile and disposed of it, directing the lower court to decide the suit expeditiously, ensuring service of notice and a hearing to all parties. The order was pronounced on 7 May 2026.

Issues considered

  • Whether the High Court can issue a writ directing a subordinate civil court to decide a pending suit within a stipulated time under Article 227
  • Whether the writ petition should be dismissed on the ground that its continuation serves no useful purpose

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious disposal
  • jurisdiction
  • High Court direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6396 of 2026

                                    Duliram
                                                                                                   .....Petitioner(s)
                                                                           Versus
                                    Director K.P. Singh
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          :     Mohd Sauood, Sheikh Sultan Momin
                                    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 (Junior Division), District Rampur to decide the
                                    Suit No. 281 of 2022 (Duliram Vs. Director K.P. Singh), 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), District Rampur to decide the Suit No.
                                    281 of 2022 (Duliram Vs. Director K.P. Singh), 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.