Shyam Lal @ Shyam Lal Chaurasiya vs Durgesh and 3… — Writ and Judicial Review | Allahabad HC (2026)

Shyam Lal @ Shyam Lal Chaurasiya vs Durgesh and 3… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the learned Additional Civil Judge (Junior Division), Court No. 31, Sultanpur to decide Original Suit No. 805 of 2015 (Shyam Lal and others Vs. Durgesh and others) on merits strictly in accordance with law, after affording due opportunity of hearing, expeditiously and preferably within a maximum period of one year from receipt of a certified copy of the order, unless there is any legal impediment, with no unnecessary adjournments to either party.

Issue for consideration

Whether this Court should issue a writ, order or direction to the learned Additional Civil Judge (Junior Division), Court No. 31, Sultanpur to decide Original Suit No. 805/2015 (Shyam Lal and others Vs. Durgesh and others), pending since 07.07.2015, within a time specified by the Court.

Court's answer

Without adverting to the merits, the learned Additional Civil Judge (Junior Division), Court No. 31, Sultanpur is directed to decide Original Suit No. 805 of 2015 (Shyam Lal and others Vs. Durgesh and others) on merits strictly in accordance with law, after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of one year from the date of receipt of a certified copy of the order, unless there is any legal impediment; and no unnecessary adjournments shall be granted to either of the parties.

Ratio / Principle

In view of the nature of the order proposed to be passed, service of notice upon the private respondent was dispensed with.

Key takeaways

Taking into consideration the facts and circumstances, no useful purpose would be served in keeping the writ petition pending; accordingly the petition was finally disposed of without expressing any view on the merits of the suit.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 19); Syed Qamar Hasan Rizvi, J.; Matters under Article 227 No. 1103 of 2026; decided March 10, 2026. Petitioner, whose suit for cancellation of Will (Original Suit No. 805/2015, Shyam Lal and others Vs. Durgesh and others) had been pending since 07.07.2015 before the Additional Civil Judge (Junior Division), Court No. 31, Sultanpur — listed for ten years without decision — sought a direction for its expeditious disposal. Notice on the private respondent was dispensed with in view of the nature of the order proposed. Without adverting to the merits, the Court held that no useful purpose would be served in keeping the writ petition pending and directed the trial court to decide the suit on merits strictly in accordance with law, after affording due opportunity of hearing, expeditiously and preferably within a maximum period of one year from receipt of a certified copy of the order, unless there is any legal impediment, and directed that no unnecessary adjournments be granted to either party. Writ petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 1103 of 2026

Shyam Lal @ Shyam Lal Chaurasiya

.....Petitioner(s)

Versus

Durgesh And 3 Others	.....Respo
Counsel for Petitioner(s)	: Sachin Pandey
Counsel for Respondent(s)	:

.....Respondent(s)

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri Sachin Pandey, learned counsel for petitioner and perused the material available on record.

By means of the present petition, the petitioner has prayed for the following relief:-

"a). to issue a writ, order or direction to the learned Additional Civil Judge (Junior Division), Court No. 31, Sultanpur to decide the Original Suit No. 805/2015 (Shyam Lal and others Vs. Durgesh and others) which is pending since 07.07.2015, within the time specified by this Hon'ble Court in the interest of justice."

The contention of the learned counsel for the petitioner is that the petitioner has filed a suit for cancellation of Will in the year 2015 having Original Suit No. 805 of 2015 (Shyam Lal and others Vs. Durgesh and others), which is pending consideration before the learned Additional Civil Judge (Junior Division), Court No. 31, Sultanpur.

It is contended on behalf of the petitioner that for the last ten years, though the matter has been listed but for one reason or the other, the same could not be decided. A prayer has been made for a direction to the court concerned to decide the aforesaid Suit expeditiously, within a stipulated period of time.

Learned Standing Counsel for the State submits that he has no

A227 No. 1103 of 2026

2

objection if a direction is issued by this Court for expeditious disposal of the above mentioned case.

In view of the nature of the order proposed to be passed, the service of notice upon the private respondent is dispensed with.

Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.

Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition, with a direction to the learned Additional Civil Judge (Junior Division), Court No. 31, Sultanpur, before whom the suit for cancellation of Will bearing Original Suit No. 805 of 2015 (Shyam Lal and others Vs. Durgesh and others) is pending to decide the same on merits strictly in accordance with law, after affording due opportunity of hearing to the parties concerned, expeditiously and preferably within a maximum period of one year from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments shall be granted to either of the parties.

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

(Syed Qamar Hasan Rizvi,J.)

March 10, 2026 Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench