Inal and Another vs Jokhoo and Another — Writ and Judicial Review | Allahabad HC (2026)

Inal and Another vs Jokhoo and Another — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (J.D.), Bansi, Siddhartha Nagar to consider and decide Original Civil Suit No. 126/2015 (Inal and others v. Jokhoo and others) in accordance with law, expeditiously, preferably within eighteen months from production of a certified copy of the order, after ensuring service on all parties, opportunity of hearing and evidence, and without unnecessary adjournments, provided there is no other legal impediment.

Issue for consideration

Whether the High Court should direct the court below to decide Original Civil Suit No. 126/2015 (Inal and others v. Jokhoo and others), pending since 2015, expeditiously after recording statements of witnesses on applications 32 Ga-2, 33 Ga-2 and 34 Ga-2 filed by the plaintiff, within a stipulated period.

Court's answer

The petition stands disposed of finally with a direction to the Civil Judge (J.D.), Bansi, Siddhartha Nagar to consider and decide the aforesaid suit.

Ratio / Principle

The suit is to be decided in accordance with law, expeditiously, preferably within a period of eighteen months.

Key takeaways

The eighteen-month period runs from the date of production of a certified copy of the order, after ensuring service upon all parties, giving opportunity of hearing and to lead evidence, and without granting unnecessary adjournments to either party, provided there is no other legal impediment.ratio¶15

Detailed headnote1 paragraphs

Article 227 expedition petition — Original Civil Suit No. 126/2015 (Inal and others v. Jokhoo and others) pending since 2015 before the Civil Judge (J.D.), Bansi, Siddhartha Nagar, with the plaintiff's applications 32 Ga-2, 33 Ga-2 and 34 Ga-2 for recording statements of witnesses undisposed and several dates fixed without decision — HELD: petition disposed of finally with a direction to the trial court to consider and decide the suit in accordance with law, expeditiously, preferably within eighteen months from the date of production of a certified copy of the order, after ensuring service upon all parties, giving opportunity of hearing and to lead evidence, and without granting unnecessary adjournments to either party, provided there is no other legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 2026 of 2026

Inal And Another

	Versus	.....Petitioner(s)
Jokhoo And Another		.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: :	Shailesh Kumar Tripathi

Court No. - 5

HON'BLE MANISH KUMAR NIGAM, J.

Heard learned counsel for the petitioner and perused the record.

2. This petition has been filed for following relief:

"to direct the learned court below to decide the original civil suit no. 126/2015 Inal and other vs Jokhoo and other after recording statement of witness as application no. 32 Ga-2 and 33 Ga 2, 34 Ga-2 filed by plaintiff, within stipulated period."

Contention of the learned counsel for the petitioner is that the suit is pending since 2015. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously.

No useful purpose would be served in keeping this petition pending.

Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (J.D.) Bansi, Siddhartha Nagar to consider and decide the aforesaid case, in accordance with law, expeditiously, preferably within a period of eighteen months

A227 No. 2026 of 2026

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from the date of production of a certified copy of this order after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

March 18, 2026 Ved Prakash

(Manish Kumar Nigam,J.)

Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad