Allahabad High Court
FULPATTIversusBRIJ BHUSHAN AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Additional Civil Judge to expedite the pending civil suit within one year, exercising its supervisory jurisdiction without adjudicating the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division) Vth, Jaunpur to dispose of a civil suit (Original Suit No. 1654 of 1994) that had been pending for about 32 years. The petitioner argued that the suit required early disposal. The Court noted a prior decision in Ali Shad Usmani v. Ali Isteba which held that no separate class of litigants could be created for expedited disposal, but considered the extraordinary delay in this case. Accordingly, the Court directed the lower court to hear all parties on a day‑to‑day basis and decide the suit within one year, without unnecessary adjournments. The Court clarified that it was not deciding the merits of the underlying suit and disposed of the writ petition.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a direction for the expeditious disposal of a pending civil suit.
- Whether such a direction violates the principle that no separate class of litigants may be created for faster disposal of civil cases.
Subjects
- Article 227
- supervisory jurisdiction
- expeditious disposal
- civil suit
- adjournment
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12232 of 2026
Fulpatti
.....Petitioner(s)
Versus
Brij Bhushan And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Verma
Counsel for Respondent(s) : Bhupendra Kumar Tripathi
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"1. Issue order or direction to in the nature of directing to the court of
Additional Civil Judge (J.D.) Vth Jaunpur to decide the suit (O.S. 1654 of
1994 (Brijbhushan and another Vs. Fulpatti) (CNR
No.UPJP06016541994) within stipulated period."
2. It is contended by learned counsel for petitioner that petitioner had filed
Original Suit No.1654 of 1994 before the Additional Civil Judge (Junior
Division) Vth, Jaunpur which is pending consideration. The sole prayer
made in the writ petition is for the early disposal of the said suit.
3. Though the Division Bench of this Court in case of Ali Shad Usmani vs.
Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no separate class can be
created amongst the litigants and no such direction can be issued for
expeditious disposal of civil cases but looking to the facts of the case, as the
civil suit was filed way back in the year 1994 and almost 32 years have
elapsed, the court below is hereby directed to expedite the proceedings of
Original Suit No.1654 of 1994 and proceed with the matter and decide the
same, in accordance with law, after hearing all affected parties on day to day
basis, preferably within a period of one year from the date of production of
certified copy of this order, without granting any unnecessary adjournment
to either of the parties.
4. With the aforesaid directions, writ petition stands disposed of.
A227 No. 12232 of 2026
2
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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