Shiv Nath vs Hanuman Prasad (Since Deceased) And 9 ... on 29 April, 2026

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Allahabad High Court

Shiv Nath vs Hanuman Prasad (Since Deceased) And 9 ... on 29 April, 2026

Bench: Rohit Ranjan Agarwal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:96935
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 5276 of 2026   
 
   Shiv Nath    
 
  .....Petitioner(s)   
 
 Versus  
 
   Hanuman Prasad (Since Deceased) And 9 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Tarkeshwar Mishra   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 9
 
   
 
 HON'BLE ROHIT RANJAN AGARWAL, J.

1. This writ petition has been filed with the following prayer:

"I. direct learned trial court to decide the Misc. Application No.23/2004 (Shivnath Vs. Hanuman Prasad and others) under Order 23 Rule 3 read with Section 151 CPC in Original Suit No.202/1995 (Hanuman Prasad and others Vs. Shivnath and others), pending in the Court of learned Civil Judge (Junior Division), Basti, as expeditiously as possible, within a stipulated period."

2. It is contended that the suit filed by the plaintiff was decreed on the basis of compromise which was fraudulently entered. Thereafter, defendants had moved an application under Order 23 Rule 3 read with Section 151 CPC, which is pending consideration since 2004. The sole prayer made in the writ petition is for early disposal of the said application.

3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Court concerned to decide the application filed under Order 23 Rule 3 read with Section 151 CPC in Original Suit No.202 of 1995, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order.

4. With the aforesaid direction, present writ petition stands disposed of.

5. It is made clear that this Court has not adjudicated the case on merit.

(Rohit Ranjan Agarwal,J.) April 29, 2026 SK Goswami

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