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2026 DAILYLAW 4761 (ALL)

CHHABBA YADAV SINCE DECEASED AND 3 OTHERS v. SMT. TEEJA SINCE DECEASED AND 16 OTHERS

A227/12388/2026 · 2026-09-08

Rohit Ranjan Agarwal

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12388 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. 730 of 1989. 2. The Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 and 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 37 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. 730 of 1989 and decide the same, expeditiously, preferably, within a period of six months 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 9, 2026 Shekhar Versus Counsel for Petitioner(s) : Vijay Kumar Kashyap Counsel for Respondent(s) : (Rohit Ranjan Agarwal,J.) Chhabba Yadav Since Deceased And 3 Others .....Petitioner(s) Smt. Teeja Since Deceased And 16 Others .....Respondent(s) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad