Allahabad High Court
A227/13334/2026 of GANGA PRASAD UMAR (DEAD) AND 4 OTHERS Vs RAJPATI UMAR (DEAD) AND 3 OTHERS on 22 September 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13334 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This petition under Article 227 of Constitution has been filed seeking a direction upon court below to expedite the proceedings of Original Suit No. 303 of 1994 (Ganga Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13334 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. This petition under Article 227 of Constitution has been filed seeking a direction upon court below to expedite the proceedings of Original Suit No. 303 of 1994 (Ganga Prasad Umar Vs. Rajpati Umar).
2. The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no such direction can be issued as it creates a class amongst the litigants but looking to the facts of the case that more than 32 years have elapsed and court below till date has not proceeded to decide the said suit, in view of said fact, no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents. The trial court is required to expedite the proceedings of Original Suit No. 303 of 1994 and decide the same, expeditiously, preferably, within a period of one year from the date of production of certified copy of this order, strictly in accordance with law on day to day basis without granting any adjournment to either of the parties.
3. With the aforesaid directions, the petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits. September 23, 2026 A. V. Singh Versus Counsel for Petitioner(s) : Vinod Kumar Tiwari Counsel for Respondent(s) : (Rohit Ranjan Agarwal,J.) Ganga Prasad Umar (Dead) And 4 Others .....Petitioner(s) Rajpati Umar (Dead) And 3 Others .....Respondent(s) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad