Allahabad High Court
SAHINA PARVEEN AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The higher court directed the lower court to decide the restoration application on merits within two months, permitting personal appearance of a petitioner if the strike persists.
Summary
The petitioners sought an expeditious disposal of Restoration Application No. 6571 of 2026 (Kamar Jahan v. Abdul Raseed) after two scheduled dates were missed because counsel were on strike. The court noted that the restoration application could not be delayed indefinitely. It therefore ordered the lower court to decide the restoration application on its merits within two months of the order. The order also directed that if the lawyers continued to strike, the officer should allow personal appearance of any of the three petitioners and decide the case after hearing her. Consequently, the petition for expeditious disposal was disposed with specific directions to the lower court.
Issues considered
- Whether the restoration application can be delayed due to lawyers’ strike
- Whether the higher court can direct a time‑bound disposal of the restoration application
Subjects
- restoration of suit
- court strike
- expeditious disposal
- procedural order
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38409 of 2026
Sahina Parveen and 2 others
.....Petitioner(s)
Versus
State of U.P. and 3 others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Dutt Mishra
Counsel for Respondent(s) : C.S.C., Pradeep Singh
Court No. - 4
HON'BLE KSHITIJ SHAILENDRA, J.
1. Prayer for expeditious disposal of Restoration Application No.6571 of
2026 (Computerized Case No. RST-202616670506571) (Kamar Jahan v.
Abdul Raseed) has been made.
2.A perusal of order sheet of the said case indicates that two dates were
fixed and on both the dates, counsel had remained on strike.
3. Be that as it may, adjudication of restoration application cannot be
lingered on indefinitely.
4. The petition is disposed of directing the court concerned to decide the
aforesaid restoration application on merits within a period of two months
from the date a copy of this order is produced before it.
5. In case the lawyers remain on strike during this period, the officer shall
permit personal appearance of any of the three petitioners and shall decide
the case after hearing her on merits, as directed.
(Kshitij Shailendra,J.)
September 23, 2026
Jyotsana
Digitally signed by :-
JYOTSANA SINGH
High Court of Judicature at Allahabad
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