Allahabad High Court
DURGA PRASAD MISHRAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The petition is disposed with directions under Section 144 U.P. Revenue Code, 2006, for weekly hearings, mandatory appearance of parties, recording of witness evidence, closure of cross‑examination if counsel refuses, and a final decision within three months.
Summary
The petitioner, Durga Prasad Mishra, filed a writ petition under Section 144 of the U.P. Revenue Code, 2006, seeking the expeditious disposal of a civil suit (Case No. 4651 of 2022) pending before the trial court. The petition was filed amid a strike by lawyers, which the petitioner argued was causing undue delay. The High Court, noting its earlier order in Writ C No. 34328 of 2026 involving the same parties, directed the trial court to fix weekly dates, ensure the appearance of parties irrespective of the strike, record witness testimony, and close cross‑examination if counsel refuses to proceed. The court further mandated that the trial court decide the matter on its merits within three months of the order. Accordingly, the petition was disposed with these procedural directions to secure a speedy final decision.
Issues considered
- Whether the High Court can issue directions under Section 144 of the U.P. Revenue Code, 2006, to ensure the speedy disposal of a pending civil suit.
- Whether the trial court must proceed with the suit despite a strike by lawyers.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- expeditious disposal
- Section 144
- U.P. Revenue Code
- civil suit
- lawyer strike
- procedural directions
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34337 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.4651 of 2022 (Computerized Case No.T202205200104651) (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. 34337 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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