Nithohar vs Chhotkun (Deceased) and 17 Others — Writ and Judicial Review | Allahabad HC (2025)

Nithohar vs Chhotkun (Deceased) and 17 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court below (Additional Civil Judge (Junior Division), Court No. 19, Azamgarh) to expedite proceedings of Original Suit No. 477 of 1999 and decide the suit in accordance with law after hearing all affected parties, without granting unnecessary adjournments to either party, preferably within one year from the date of production of certified copy of the order.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227, should direct early disposal of Original Suit No. 477 of 1999 pending before the Additional Civil Judge (Junior Division), Court No. 19, Azamgarh.

Court's answer

Notwithstanding the Division Bench ruling in Ali Shad Usmani vs. Ali Isteba (2015 (2) ADJ 250 (DB)), since the civil suit filed in 1999 had remained pending for almost 26 years and was only at the stage of evidence, the court below was directed to expedite the proceedings of Original Suit No. 477 of 1999 and decide it in accordance with law after hearing all affected parties, without granting unnecessary adjournments to either party, preferably within one year from the date of production of certified copy of the order.

Key takeaways

The writ petition stood disposed of with the aforesaid directions, and the Court expressly clarified that it has not adjudicated the matter on merits.obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court (Art. 227) — Expedition of trial. Writ petition by plaintiff Nithohar seeking early disposal of Original Suit No. 477 of 1999 (against Chhotkun (Deceased) and 17 others), pending before the Additional Civil Judge (Junior Division), Court No. 19, Azamgarh, where the suit, filed in 1999 and pending for almost 26 years, was still at the stage of evidence. Although the Division Bench in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB), had held that no separate class of litigants can be created and no direction for expeditious disposal of civil cases can be issued, the Court, on the facts, directed the court below to expedite the proceedings and decide the suit in accordance with law after hearing all affected parties, without granting unnecessary adjournments to either party, preferably within one year from the date of production of certified copy of the order. Writ petition disposed of; the Court made clear it had not adjudicated the matter on merits. (Rohit Ranjan Agarwal, J.; Order Date 17.4.2025; Neutral Citation 2025:AHC:56418.)

Neutral Citation No. - 2025:AHC:56418

Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 2863 of 2025

Petitioner :- Nithohar Respondent :- Chhotkun (Deceased) And 17 Others Counsel for Petitioner :- Ram Bahadur Singh,Ravi Shankar Shukla,Sanoj Kumar

Hon'ble Rohit Ranjan Agarwal,J.

On 02.04.2025, time was granted to the petitioner to file supplementary affidavit disclosing the stage of the suit.

When the case was taken up today, counsel for the petitioner states that some further time may be granted to file supplementary affidavit, however, he contends that the suit is at the stage of evidence.

This writ petition has been filed with the following prayer:-

"i) Issue a suitable order or direction to decide the original suit No. 477 of 1999 (Nithohar Vs. Chhotkun (Deceased) and Others) pending before the court of Additional Civil Judge (Junior Division) Court No.19, Azamgarh within stipulated time as this Hon'ble Court may be fixed."

It is contended by learned counsel for petitioner that petitioner had filed Original Suit No.477 of 1999 before the Additional Civil Judge (Junior Division)- Court No.19, Azamgarh which is pending consideration. The sole prayer made in the writ petition is for the early disposal of the said suit.

Though the Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no separate class can be created amongst the litigants and no such direction can be issued for expeditious disposal of civil cases but looking to the facts of the case, as the civil suit was filed way back in the year 1999 and almost 26 years have elapsed and the suit is only at the stage of evidence, the court below is hereby directed to expedite the proceedings of Original Suit No.477 of 1999 and proceed with the matter and decide the same, in accordance with law, after hearing all affected parties without granting any unnecessary adjournments to either of the parties, preferably within a period of one year from the date of production of certified copy of this order.

With the aforesaid directions, writ petition stands disposed of.

It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 17.4.2025 SK Goswami

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad