Disposed

Nizamuddin and 4 Others v. Mohammad Ahmad and 5 Others

Allahabad HC6 Feb 2025A227/647/2025

Case brief

AI extract

What is this about?

Article 227 petition Allahabad High Court 2025; expeditious/time-bound disposal of civil suit refused citing Ali Shad Usmani v. Ali Isteba 2015 (2) ADJ 250 (DB); injunction suit OS No. 1470 of 2023 (Nizamuddin v. Mohd Ahmad) pending since 22.08.2023 before Additional Civil Judge (J.D.), Jaunpur; petition disposed with general direction to decide expeditiously in accordance with law subject to peti

What did the court decide?

A general (non-time-bound) direction to the court concerned to conclude and decide Civil Suit No. 1470 of 2023 strictly in accordance with law, after giving full opportunity of hearing to both parties

Nizamuddin and 4 Others Vs Mohammad Ahmad and 5… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:18026

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 647 of 2025

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Petitioner :- Nizamuddin And 4 Others Respondent :- Mohammad Ahmad And 5 Others Counsel for Petitioner :- Subhash Chand Kanaujia

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.

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This petition under Article 227 of the Constitution of India has been filed seeking directions to the Learned Trial Court for expeditious disposal of the Original Suit No. 1470 of 2023 (Nizamuddin and others Vs. Mohd Ahmad & Others) pending in the court of learned Additional Civil Judge (J.D.), Jaunpur, as earliest within certain time bound period in the interest of justice.

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It has been submitted by learned counsel for the petitioners that the petitioners-plaintiffs had filed the injunction suit on 22.08.2023 which is pending decision till date.

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However, it is worth to mention that no such direction can be issued in view of the judgment of this Court passed in the case of Ali Shad Usmani vs. Ali Isteba; 2015 (2) ADJ 250 (DB). The Division Bench of this Court in case of Ali Shad Usmani (supra) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereunder:-

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"We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), DistrictAzamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the court in a separate and preferential category whereas other cases which may be of similar or greater antiquity and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High court and would not, therefore, be in a position to have the benefit of such an order.

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Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a particular disability socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.

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For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."

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Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the Civil Suit No. 1470 of 2023 (Nizamuddin and others Vs. Mohd Ahmad & Others), strictly in accordance with law after giving full opportunity of hearing to both the parties and subject to the cooperation of the petitioners as expeditiously as possible, from the date of production of certified copy of this order, in case, there is no other legal impediment.

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With the aforesaid direction, the writ petition is disposed of.

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It is hereby clarified that this Court has not applied its mind to the claim of the petitioners on merits nor has made any observation in this regard.

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Order Date :- 7.2.2025 Nisha

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Digitally signed by :- nisha kumari High Court of Judicature at Allahabad

Nizamuddin and 4 Others v. Mohammad Ahmad and 5 Others

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