Shama Masood Vs Zafar Khan and 6 Others — Writ and Judicial Review | Allahabad HC (2026)

Shama Masood Vs Zafar Khan and 6 Others — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the court below to expedite and decide O.S. No. 49 of 2010 with most expedition, without unnecessary adjournments, and with no adjournment beyond two weeks at a stretch, subject to legal impediment; the challenge to the orders dated 12.2.2019 and 09.09.2025 was foreclosed by the petitioner's counsel and not adjudicated.

Issue for consideration

Whether the order dated 12.2.2019 in Suit No. 49 of 2010 and the order dated 09.09.2025 in Misc. Civil Appeal No. 11 of 2019 should be set aside (relief A of the petition); subsequently foreclosed by the petitioner's counsel. +1 more

Ratio / Principle

The petition stands disposed of, requiring the court below to expedite the proceeding for O.S. No. 49 of 2010.

Key takeaways

The suit is to be decided with most expedition, without granting unnecessary adjournments, and any adjournment granted shall not exceed two weeks at a stretch, subject to legal impediment.ratio¶18
Notices were not issued to the respondents in view of the order proposed to be passed that day.obiter¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikas Budhwar, J.), MATTERS UNDER ARTICLE 227 No. 3931 of 2026, Shama Masood v. Zafar Khan and 6 others, decided May 7, 2026: In an Article 227 petition seeking setting aside of the order dated 12.2.2019 in Suit No. 49 of 2010 and the order dated 09.09.2025 in Misc. Civil Appeal No. 11 of 2019, and directions for disposal of Suit No. 49 of 2010 and dismissal of Suit No. 81 of 2010, counsel for the petitioner foreclosed the challenge to the two orders at this stage and confined the prayer to time-bound disposal of Suit No. 49 of 2010. The Court disposed of the petition, directing the court below to expedite O.S. No. 49 of 2010, to proceed with most expedition without unnecessary adjournments, and capped any adjournment at two weeks at a stretch, subject to legal impediment. Notices were not issued to the respondents in view of the proposed order.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3931 of 2026

Shama Masood

.....Petitioner(s)

	Versus
Zafar Khan And 6 Others	.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: Namit Srivastava, Parul Srivastava :

Court No. - 5

HON'BLE VIKAS BUDHWAR, J.

Heard.

In view of the order, which is being proposed to be passed today, notices are not being issued to the respondents.

The instant petition has been filed seeking the following reliefs:-

A. Issue a suitable order or direction setting aside the order dated 12.2.2019 passed in Suit No. 49 of 2010 titled as Shama Masood vs. Zafar Khan and others and the order dated 09.09.2025 passed in Misc. Civil Appeal No. 11 of 2019 titled as Shama Masood vs. Zafar Khan and others.

B. Issue a suitable order to allow application No. 7c of the petitioner and directing the respondent to not interfere in peaceful possession of the petitioner.

C. Issue a suitable order or direction permitting the petitioner to repair the North gate and the wall on the property in dispute at the cost of the petitioner

D. Issue a suitable order to dispose of Suit No. 49 of 2010 titled as Shama Masood vs. Zafar Khan and other which became infructuous and dismiss Suit No. 81 of 2010 titled as Zafar Khan vs. Shama Masood and others which is frivolous and vexatious and further summon the records of the aforesaid cases.

Sri Namit Srivastava, learned counsel for the plaintiff/petitioner, has made a statement at bar that he forecloses his claim with regard to challenge to the orders dated 12.2.2019 and 9.9.2025, at this stage, while seeking relief for disposal of the Suit No. 49 of 2010 within a time bond period.

Accordingly, the petition stands disposed of , requiring the court below to expedite the proceeding for O.S. No. 49 of 2010, which is stated to be

A227 No. 3931 of 2026

2

pending with most expedition, without granting unnecessary adjournments and in case adjournments are granted, not beyond two weeks at a stretch, subject to legal impediment.

May 7, 2026 Vandana

(Vikas Budhwar,J.)

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad