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Allahabad High Court

PREMCHAND @ PREMversusUMARAO AND 3 OTHERS

Decided

Holding

The writ petition is disposed of, with a direction to the Civil Judge (Junior Division) Saidpur to decide the pending suit expeditiously, subject to procedural safeguards.

Summary

The petitioner, Premchand @ Prem, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Saidpur, Ghazipur, to decide the pending suit No. 583 of 2016 against the respondents. The petition alleged that the suit concerning a registered sale deed of land in village Vashipur Piyari was pending and required expeditious disposal. The High Court noted that keeping the writ petition pending would serve no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition and issued a directive to the civil judge to decide the suit promptly, without unnecessary adjournments, ensuring service of notice and hearing to all parties. No notice was issued to the respondents in the writ petition itself. The order was pronounced on 18 May 2026.

Issues considered

  • Whether the High Court can issue a direction to a subordinate civil court to decide a pending suit expeditiously under Article 227.
  • Whether the writ petition should be entertained when the underlying suit is still pending.

Subjects

  • Article 227
  • writ petition
  • civil suit
  • direction to lower court
  • expeditious disposal
  • jurisdiction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6883 of 2026

                                    Premchand @ Prem
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Umarao And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Ajai Kumar Singh Kushwaha
                                    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 direction to the
                                    Civil Judge (Junior Division) Saidpur, District Ghazipur to decide the suit
                                    no.583 of 2016 titled as Premchand @ Prem Vs. Umarao and others
                                    purchased land through registered sale deed related with village-Vashipur
                                    Piyari, Pargana and Tehsil-Saidpur, District Ghazipur pending in his 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) Saidpur, District Ghazipur to decide the
                                    suit no.583 of 2016 titled as Premchand @ Prem Vs. Umarao and others, in
                                    accordance with law, expeditiously without granting unnecessary
                                    adjournment, 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
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




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

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