Lalta Prasad Pandey Vs Bhan Bahadur Singh and 2… — Writ and Judicial Review | Allahabad HC (2025)

Lalta Prasad Pandey Vs Bhan Bahadur Singh and 2… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Directions issued to the learned Civil Judge (Junior Division), Lalganj, Pratapgarh to take every possible step to expedite the hearing of Civil Suit No.302/2016, not to grant adjournment to either side on insufficient grounds, and to decide the suit as expeditiously as possible within reasonable time; with these directions the writ petition is disposed of.

Issue for consideration

Whether, in a petition under Article 227 seeking issuance of an order or direction to the learned court below to decide Civil Suit No.302/2016 (pending since 2016 with issues unframed), the High Court should direct the trial court to expedite the hearing and decide the suit within reasonable time.

Court's answer

The learned Civil Judge (Junior Division), Lalganj, Pratapgarh is directed to take every possible step to expedite the hearing of Civil Suit No.302/2016 without granting adjournment to either side on insufficient ground, and to decide the suit as expeditiously as possible within reasonable time.

Ratio / Principle

Since the suit has been pending for more than nine years and the petition makes only a limited prayer, no useful purpose of law would be served by keeping the Article 227 petition pending before this Court, and it is accordingly disposed of with the aforesaid directions.

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India by the plaintiff in Civil Suit No.302/2016 (Lalta Prasad Pandey v. Bhan Bahadur Singh and Others), pending since 2016 before the Civil Judge (Junior Division), Lalganj, Pratapgarh, with issues not framed despite fixation and no additional written statement filed; the plaintiff seeks cancellation of a disputed sale deed. Noting the nine-year pendency and the limited prayer, the Hon'ble Court directed the trial court to expedite the hearing, refrain from granting adjournments on insufficient grounds, and decide the suit as expeditiously as possible within reasonable time; the writ petition was disposed of accordingly. (Ram Manohar Narayan Mishra, J.; November 19, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6701 of 2025

Lalta Prasad Pandey

.....Petitioner(s)

Versus

Bhan Bahadur Singh And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Riya Yadav
Counsel for Respondent(s)	:

Court No. - 19

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the petitioner and perused the records.

In present petition under Article 227 of the Constitution of India a prayer has been made to issue any order or direction to the learned court below to decide Civil Suit No.302/2016 (Lalta Prasad Pandey versus Bhan Bahadur Singh and Others).

Learned counsel for the appellant submits that petitioner is plaintiff in the said civil suit. The suit is pending since year 2016 and still issues are not framed. Even additional written statement has not been filed although the case was fixed for framing of issues.

Even after lapse of nine years no substantial progress has been made towards hearing of the said suit which is effecting the interest of the petitioner adversely.

Plaintiff has sought relief of cancellation of disputed sale deed in the said suit.

Learned counsel for the petitioner submitted that Hon'ble Supreme Court has consistently held that delay defeats of ends of justice and subordinate courts are under obligation to decide the pending matters expeditiously.

Keeping in view the fact that the said suit is pending for more than nine years and the limited prayer made in the petition no useful purpose of law would be served to keep the petition pending before this Court.

A227 No. 6701 of 2025

2

Therefore, it is directed that learned Civil Judge (Junior Division), Lalganj, Pratapgarh will take every possible step to expedite the hearing of the said suit without granting adjournment to either side on insufficient ground and the suit will be decided as expeditiously as possible within reasonable time.

With the aforesaid directions, writ petition is disposed of .

(Ram Manohar Narayan Mishra,J.)

November 19, 2025 mks

Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench