Allahabad High Court
CHHABBA YADAV SINCE DECEASED AND 3 OTHERSversusSMT. TEEJA SINCE DECEASED AND 16 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the trial court to decide the pending suit within six months, exercising its supervisory jurisdiction under Article 227.
Summary
The petitioners filed a petition under Article 227 of the Constitution seeking a direction to the trial court to expedite Original Suit No. 730 of 1989, which had remained pending for more than 37 years. The High Court examined precedents, notably High Court Bar Association v. State of Uttar Pradesh (2024) and Ali Shad Usmani v. Ali Isteba (2015), which generally prohibit class‑based directions but recognized exceptional circumstances. Considering the extraordinary delay, the Court held that a specific direction to the trial court was appropriate to avoid further injustice. The Court directed the trial court to decide the suit within six months of receiving a certified copy of the order, on a day‑to‑day basis, without granting any adjournments. It clarified that the direction was purely procedural and did not adjudicate the merits of the underlying suit. Consequently, the petition was disposed of.
Issues considered
- Whether a High Court can issue a direction under Article 227 to expedite a pending suit despite the general prohibition against class‑based directions.
Legislation cited
- Constitution of India — s. Article 227
Subjects
- Article 227
- judicial supervision
- case management
- expedition of proceedings
- adjournment
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12388 of 2026
Chhabba Yadav Since Deceased And 3 Others
.....Petitioner(s)
Versus
Smt. Teeja Since Deceased And 16 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Kashyap
Counsel for Respondent(s) :
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.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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