Allahabad High Court
SMT. BINDHESHWARI AND ANOTHERversusBHAINRAW PRASAD AND 11 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court may exercise its supervisory jurisdiction under Article 227 to direct a lower court to conclude pending proceedings within a reasonable period, absent any legal impediment.
Summary
The petitioners, Bindheshwari and another, landlords in SCC Suit No. 113 of 2003, filed a petition under Article 227 seeking a direction to the Small Causes Court, Kanpur Nagar, to dispose of the suit within a stipulated period due to extensive delays and hardship. They submitted the order sheet showing the suit was instituted on 25-04-2003 and had been repeatedly adjourned, with the matter still at the hearing stage. The Court considered whether it could exercise its supervisory jurisdiction to impose a time‑frame on the lower court without issuing notice to the respondents. It held that under Article 227 the High Court may direct expeditious disposal, provided no legal impediment exists. Consequently, the petition was disposed with an order directing the Small Causes Court to conclude the proceedings within six months of receiving the certified copy, avoiding unnecessary adjournments.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to dispose of a pending suit within a specific time‑frame without notice to the respondents.
Subjects
- Article 227
- judicial supervision
- case management
- adjournments
- Small Causes Court
- expedited disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12187 of 2026
Smt. Bindheshwari And Another
.....Petitioner(s)
Versus
Bhainraw Prasad And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinay Kumar Agrahari
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Vishvajeet Kumar Mishra, holding brief of Sri Vinay Kumar
Agrahari, learned counsel for the petitioners.
The present petition has been filed seeking a direction to Judge, Small
Causes Court, Kanpur Nagar to decide SCC Suit No. 113 of 2003
(Bindeshwari vs. Bhairav Prasad and others), within a stipulated time
period.
The petitioners have described themselves to be the landlords, plaintiffs in
the pending suit.
Counsel for the petitioners has referred to the 'order sheet' of the case, a
copy whereof has been appended to the petition to point out that
proceedings were instituted on 25.04.2003 and thereafter although several
dates have been fixed but for some reason or the other, the matter has
been adjourned, and presently the case is at the stage of hearing, and the
delay in its disposal is causing grave hardship to the petitioners.
Accordingly, a prayer is made for a direction to conclude the proceedings
at an early date.
In view of the order proposed to be passed, issuance of notice to the
private respondents is dispensed with.
Having regard to the aforesaid, the present petition is disposed of with an
observation that the court concerned would make an endeavor to conclude
the proceedings of the case, which is stated to be pending before
A227 No. 12187 of 2026
2
it, expeditiously preferably within a period of six months, from the date of
presentation of a certified copy of this order, without granting any
unnecessary adjournments to either of the parties, provided there is no
other legal impediment.
(Dr. Yogendra Kumar Srivastava,J.)
September 8, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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