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Allahabad High Court

CHHABBA YADAV SINCE DECEASED AND 3 OTHERSversusSMT. TEEJA SINCE DECEASED AND 16 OTHERS

Decided

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

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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