Allahabad High Court
AMAR SINGH DHANGARversusSHANTI DEVI AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Civil Judge (Sr. Div.), F.T.C. Etawah, to finally decide the pending declaratory suit expeditiously.
Summary
The petitioner, Amar Singh Dhangar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Etawah to finally decide a pending declaratory suit (O.S. No. 466 of 2014) against the respondents. The petitioner argued that the suit should be expedited. The court observed that since the suit remains pending, the writ petition no longer serves any useful purpose. Consequently, the court disposed of the writ petition, directing the civil judge to decide the suit expeditiously, ensuring service of notice and opportunity for hearing and evidence, subject to no other legal impediment. No notices were issued to the respondents in this writ petition.
Issues considered
- Whether the writ petition seeking a direction to the civil court to decide the pending declaratory suit should be entertained or disposed.
Subjects
- Article 227
- writ petition
- declaratory suit
- civil procedure
- expeditious disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6861 of 2026
Amar Singh Dhangar
.....Petitioner(s)
Versus
Shanti Devi And Another
.....Respondent(s)
Counsel for Petitioner(s) : Naveen Bajpai
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 (Sr.Div.), F.T.C. Etawah, to finally decide the
present declaratory suit being O.S. no. 466 of 2014(Amar Singh Vs
Gangacharan and another), 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 (Sr.Div.), F.T.C. Etawah, to finally decide the present
declaratory suit being O.S. no. 466 of 2014(Amar Singh Vs Gangacharan
and another), 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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