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Allahabad High Court

CHUNNI LALversusPATESHVAR AND 32 OTHERS

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Junior Division), Gorakhpur, to decide Suit No. 1034 of 2013 expeditiously, ensuring due process.

Summary

The petitioner, Chunni Lal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Gorakhpur, to decide Suit No. 1036 of 2013 (Parmeshwar & Others v. Govind & Others) within a stipulated time. The petition alleged that the suit was pending without any expeditious progress, and the petitioner prayed for a court order compelling the lower court to dispose of the suit promptly. The High Court examined whether it could issue a writ directing the lower court to decide the pending suit and found that the petition had no further purpose while the suit remained pending. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, subject to the absence of any other legal impediment. The order was passed on 18 May 2026 by Justice Vikas Budhwar.

Issues considered

  • What is the appropriate relief, if any, that a High Court can grant under Article 227 in a writ petition seeking direction to a lower court to decide a pending civil suit expeditiously?

Subjects

  • Article 227
  • Writ petition
  • Civil suit
  • Expeditious disposal
  • Direction to lower court
  • High Court jurisdiction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6857 of 2026

                                    Chunni Lal
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Pateshvar And 32 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Ankit Kumar Singh, Ram Naresh Nigam,
                                                                       Ritesh Singh, Suresh Singh
                                    Counsel for Respondent(s)        : C.S.C., Sudhir Bharti

                                    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), Gorakhpur to decide the Suit
                                    No. 1036 of 2013 (Parmeshwar and others Vs. Govind 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 (Junior Division), Gorakhpur to decide the Suit No. 1036
                                    of 2013 (Parmeshwar and others Vs. Govind 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 18, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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