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Allahabad High Court

LIYAKAT ALI AND 3 OTHERSversusIRSHAD ANSARI AND 26 OTHERS

Decided

Holding

The High Court may, under Article 227, direct the lower court to decide a pending suit without undue delay.

Summary

The petitioners filed a writ petition under Article 227 of the Constitution seeking a direction to the lower court to decide suit No. 195 of 2016 (Alamgeer v. Irshad Ansari & others), which had been pending since 2016 despite several dates being fixed. The petitioners argued that the prolonged delay was unjustified and that the petition served no useful purpose if left pending. The High Court examined the record and noted the extensive delay and the lack of any substantive impediment to disposal. It held that the supervisory jurisdiction under Article 227 permits the Court to issue directions to ensure expeditious disposal of pending civil matters. Consequently, the Court disposed of the petition, directing the Civil Judge (J.D.) of Muhammadabad, Ghazipur to decide the suit promptly, after proper service and hearing, and to avoid unnecessary adjournments.

Issues considered

  • What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to decide a pending civil suit expeditiously?

Subjects

  • Article 227
  • judicial supervision
  • civil procedure
  • pendency of suit
  • expeditious disposal
  • adjournment

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
       MATTERS UNDER ARTICLE 227 No. - 11061 of 2025



Liyakat Ali And 3 Others
                                                    .....Petitioner(s)
                                 Versus

Irshad Ansari And 26 Others
                                                    .....Respondent(s)

Counsel for Petitioner(s)          : Arpit Malviya, Awadhesh
                                     Kumar Malviya
Counsel for Respondent(s)          : Bhupendra Kumar Tripathi

Court No. - 9


           HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner and perused the
record.

2. This petition has been filed for following relief:

     "To directing the court below to decide the suit no. 195 of
     2016 in Computerized Case No. UPGX120002042016
     (Alamgeer Vs. Irshad Ansari and others) within stipulated
     period, during the pending of the petition."

3. Contention of the learned counsel for the petitioner is that the
suit is pending since 2016. It is further submitted by learned
counsel for the petitioner that several dates have been fixed but
the same has not been decided yet. He prayed that the same may
be decided expeditiously.

4. No useful purpose would be served in keeping this petition
pending.

5. Accordingly, the present petition stands disposed of finally
with a direction to the Civil Judge (J.D.) Room No. 1,
Muhammadabad, Ghazipur to consider and decide the aforesaid
case, in accordance with law, expeditiously, after ensuring
                                                                                            A227 No. 11061 of 2025
                                                                  2


                                        service upon all the parties concerned and after giving
                                        opportunity of hearing to the parties concerned as well as
                                        opportunity to lead evidence in support of their case and without
                                        granting unnecessary adjournments to either of the parties
                                        provided that there is no other legal impediment.


                                        September 16, 2025
                                        Ved Prakash

                                                                             (Manish Kumar Nigam,J.)




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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