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Allahabad High Court

SHRI MOHD HAFIJversusSARFARAZ AHMAD AND 5 OTHERS

Decided

Holding

The High Court directed the Civil Judge to decide the pending review application under Section 114 CPC and disposed of the writ petition.

Summary

The petitioner, Mohd Hafij, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Chandauli to decide a pending review application (No. M-52 of 2024) in case 468/1995. The petitioner’s counsel requested an expeditious decision. The Court observed that since the underlying case is still pending, the writ petition serves no further purpose and should be disposed. Accordingly, the Court ordered the writ petition to be disposed and directed the Civil Judge to decide the review application under Section 114 of the CPC, ensuring service of notice and an opportunity to be heard for all respondents, provided no other legal impediment exists.

Issues considered

  • Whether the High Court can direct the Civil Judge to decide a pending review application under Section 114 CPC.
  • Whether the writ petition should be disposed of in view of the pending underlying case.

Legislation cited

Subjects

  • Article 227
  • Writ petition
  • Review application
  • Section 114 CPC
  • Civil Judge
  • Expeditious disposal
  • Jurisdiction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6864 of 2026

                                    Shri Mohd Hafij
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Sarfaraz Ahmad And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Mohan Upadhyay
                                    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 (J.D.)Chandauli to decide the Review application
                                    No. M-52 of 2024 in (Case No. 468/1995) Mohd. Hafij VS. Sarfaraz and
                                    others, under section 114 C.P.C., 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 (J.D.)Chandauli to decide the Review application No. M-
                                    52 of 2024 in (Case No. 468/1995) Mohd. Hafij VS. Sarfaraz and others,
                                    under section 114 C.P.C., 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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