Allahabad High Court
RAJENDRA SINGHversusRAMDHAN AND 9 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition and directed the Additional Civil Judge to expedite the execution case, subject to procedural safeguards.
Summary
The petitioner, Rajendra Singh, filed a writ petition under Article 227 seeking a direction to the Learned Additional Civil Judge, New Court, 4th Jaunpur, to expedite the pending Execution Case No. 6/2024 (Rajendra Vs. Praveen Singh). The petition solely requested that the lower court decide the execution case within a stipulated time. The Court observed that keeping the writ petition pending served no useful purpose while the execution case itself remained unresolved. Consequently, the Court disposed of the writ petition and issued a direction to the Additional Civil Judge to expedite the execution case, ensuring service of notice to all respondents and an opportunity to be heard. The direction is subject to the absence of any other legal impediment.
Issues considered
- What relief, if any, can a High Court grant under Article 227 to direct a lower court to expedite a pending execution case?
Subjects
- Article 227
- writ petition
- execution case
- expeditious disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6820 of 2026
Rajendra Singh
.....Petitioner(s)
Versus
Ramdhan And 9 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Pandey
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 Learned Additional Civil Judge, (J.D.), New Court, 4th
Jaunpur to expedite/decide Execution Case No. 6/2024 (Rajendra Vs.
Praveen 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 Learned Additional Civil Judge, (J.D.), New Court, 4th Jaunpur to
expedite/decide Execution Case No. 6/2024 (Rajendra Vs. Praveen 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 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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