Suresh Kumar Jaiswal vs Aditya Pratap Singh and 4… — Writ and Judicial Review | Allahabad HC (2026)

Suresh Kumar Jaiswal vs Aditya Pratap Singh and 4… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (Junior Division), Haveli, Faizabad to conclude Suit No. 3 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others expeditiously, preferably within one year from production of the certified copy of the order, in accordance with law, with full opportunity of hearing, by reasoned and speaking order; amendment application allowed; petitioner to cooperate and avoid unnecessary adjournments.

Issue for consideration

Whether the High Court should direct the Civil Judge (Junior Division), Haveli, Faizabad to expedite conclusion of Suit No. 3 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others, a suit pending for thirteen years with no concrete proceedings.

Court's answer

Considering that the suit has been pending for the last thirteen years, a case for interference under Article 227 is made out.

Ratio / Principle

The Civil Judge (Junior Division), Haveli, Faizabad is directed to proceed to conclude the proceedings of Suit No. 3 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others expeditiously, preferably within one year from the date of production of the certified copy of the order, in accordance with law, after giving full opportunity of hearing to all parties, by means of a reasoned and speaking order.

Key takeaways

The petitioner undertakes to cooperate in the suit proceedings and shall not take any unnecessary adjournments.ratio¶24
Civil Misc. (Amendment) Application No. 3 of 2025 is allowed; learned counsel for the applicant is directed to make the necessary amendments in the memo of the writ petition during the course of the day.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5, Alok Mathur, J. (decided March 24, 2026) in MATTERS UNDER ARTICLE 227 No. - 5330 of 2025. Suresh Kumar Jaiswal, petitioner, sought a direction to the Civil Judge (Junior Division), Haveli, Faizabad to decide Suit No. 3 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others, a suit for permanent injunction instituted on 01.01.2013 by respondent nos. 1 and 2; the petitioner had filed his written statement on 28.05.2013, and an application for substitution following the death of defendant no. 1 was pending. Holding: pendency of the suit for thirteen years made out a case for interference; the trial court was directed to conclude the suit expeditiously, preferably within one year from production of the certified copy of the order, in accordance with law, after full opportunity of hearing to all parties, by a reasoned and speaking order; the petitioner undertook to cooperate and not take unnecessary adjournments. Separately, Civil Misc. (Amendment) Application No. 3 of 2025 seeking amendments to the memo of the writ petition was allowed. Subject to these directions, the writ petition stood disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 5330 of 2025

Suresh Kumar Jaiswal

.....Petitioner(s)

Versus

Aditya Pratap Singh And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Ankit Pande, Kuldeep
Counsel for Respondent(s)	:

Court No. - 5

HON'BLE ALOK MATHUR, J.

Order on Civil Misc. (Amendment) Application No. 3 of 2025

Learned counsel for the applicant has pressed the application for amendment seeking certain amendments in the memo of writ petition.

Perused the application.

The application for amendment is allowed. Learned counsel for the applicant is directed to make necessary amendments in the memo of writ petition during course of the day.

Order on Writ Petition

By means of present writ petition under Article 227 of the Constitution of India, the petitioner as sought direction to the Civil Judge (Junior Division), Haveli, Faizabad to decide suit for permanent injunction bearing Suit No. 03 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others, expeditiously.

It is submitted by learned counsel for the petitioner that respondent nos. 1 and 2 filed a suit for permanent injunction on 01.01.2013, against the petitioner before the Civil Judge (Junior Division), Haveli, Faizabad being Suit No. 3 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others. Notices were issued to the defendants, pursuant to which the petitioner appeared and filed written statement on 28.05.2013, denying the contents of the plaint. During pendency of the suit, defendant

A227 No. 5330 of 2025

2

no. 1 died and hence an application for substitution was filed, which is pending consideration.

It is next submitted by learned counsel for the petitioner that above suit is pending disposal and till date no concrete proceedings have taken place, hence prayer has been made seeking direction the Court concerned to expedite the suit proceedings.

Considering the fact that the suit of pending for the last thirteen years, a case for interference is made out.

Accordingly, the Civil Judge (Junior Division), Haveli, Faizabad is directed to proceed to conclude the proceedings of Suit No. 3 of 2013 - Aditya Pratap Singh and Another Vs. Ram Prakash and Others, expeditiously, preferably within one year from the date of production of certified copy of this order, in accordance with law, after giving full opportunity of hearing to all the parties, by means of reasoned and speaking order.

The petitioner undertakes to cooperate in the suit proceedings and shall not take any unnecessary adjournments.

Subject to above directions present writ petition stands disposed of .

(Alok Mathur,J.)

March 24, 2026

A. Verma

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench