Allahabad High Court
DURGA PRASAD MISHRAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The petition is disposed with directions for weekly hearings, mandatory appearance, recording of witness evidence, closure of cross‑examination if counsel refuses, and a final decision within three months.
Summary
Petitioner Durga Prasad Mishra filed a writ petition under Section 144 of the U.P. Revenue Code, 2006, seeking expeditious disposal of a pending civil suit (Case No.4652 of 2022). The High Court, noting a related order in Writ C No.34328 of 2026, disposed of the petition by directing the trial court to fix weekly dates, ensure party appearances even during a lawyers' strike, record witness testimony, and close cross‑examination if counsel refuses. The court further mandated that the matter be finally decided within three months of the order. The directions aim to prevent undue delay and ensure the suit proceeds to conclusion. The petition was therefore disposed with these procedural directives.
Issues considered
- Can the High Court, under Section 144 of the U.P. Revenue Code, 2006, order the expeditious disposal of a pending civil suit?
- May the court direct the trial court to proceed despite a strike by lawyers and limit cross‑examination?
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- expeditious disposal
- civil procedure
- Section 144
- U.P. Revenue Code
- witness evidence
- lawyers' strike
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34333 of 2026
Durga Prasad Mishra
.....Petitioner(s)
Versus
State of U.P. and 5 others
.....Respondent(s)
Counsel for Petitioner(s) : Vishveshwar Mani Tripathi
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 4
HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard Shri Vishveshwar Mani Tripathi, learned counsel for the
petitioner, learned Standing Counsel for the State-respondents and Shri
Sudhir Bharti for the respondent-Gaon Sabha.
2. This petition has been filed seeking expeditious disposal of Case
No.4652 of 2022 (Computerized Case No.T202205200104652) (Durga
Prasad Mishra v. Sandhya Mishra and others), under Section 144 of the
U.P. Revenue Code, 2006.
3. Considering the order passed today in Writ C No.34328 of 2026 (Durga
Prasad Mishra v. State of U.P. and 5 others), this petition is also disposed
of with the following directions:-
(a). The officer concerned shall fix dates on weekly basis in
the aforesaid case;
(b). Irrespective of the strike by lawyers, he will proceed to
ensure appearance of the parties to the suit by due intimation
either through process of the Court or through counsel for the
parties;
(c). Evidence of witnesses shall be recorded and, in case,
lawyers are not inclined to cross-examine the witnesses,
opportunity to cross-examine shall stand closed;
(d). The matter shall be finally decided, in accordance with
WRIC No. 34333 of 2026
2
law, within a period of three months from the date a copy of
this order is filed before the Court concerned.
(Kshitij Shailendra,J.)
September 8, 2026
Jyotsana
Digitally signed by :-
JYOTSANA SINGH
High Court of Judicature at Allahabad
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