Allahabad High Court
SMT LAXMI PANDEY AND 2 OTHERSversusSMT VANDANA PANDEY AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Civil Judge to decide the pending succession case expeditiously, subject to service of notice and hearing of all parties.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Kanpur Nagar, to decide the pending Succession Case No. 124170 of 2017 expeditiously. 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 civil judge to decide the succession suit promptly, ensuring that all respondents are served notice, given a hearing, and allowed a reasonable opportunity to lead evidence, unless any other legal impediment exists. No notice was issued to the respondents in the writ petition itself. The order effectively mandates the lower court to expedite the pending suit while observing procedural fairness.
Issues considered
- Whether the High Court can direct a subordinate civil court to decide a pending succession suit expeditiously under its supervisory jurisdiction under Article 227
- Whether the writ petition should be dismissed as it serves no useful purpose while the suit remains pending
Subjects
- Article 227
- writ petition
- civil court jurisdiction
- succession suit
- expeditious disposal
- notice and hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6397 of 2026
Smt Laxmi Pandey And 2 Others
.....Petitioner(s)
Versus
Smt Vandana Pandey And Another
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Srivastava
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 (Senior Division), Kanpur Nagar to decide the
Succession Case No. 124170 of 2017 (Smt. Laxmi Pandey Vs. Jayant
Pandey 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 the Civil Judge (Senior Division), Kanpur Nagar to decide the Succession
Case No. 124170 of 2017 (Smt. Laxmi Pandey Vs. Jayant Pandey and
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 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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