INDARversusBHOLI AND 4 OTHERS

                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                 MATTERS UNDER ARTICLE 227 No. - 12432 of 2026

Indar
                                                                                         .....Petitioner(s)
                                                  Versus
Bholi And 4 Others
                                                                                      .....Respondent(s)

Counsel for Petitioner(s)                                          :      Sarvanand Pandey
Counsel for Respondent(s)                                          :

Court No. - 9
                        HON'BLE ROHIT RANJAN AGARWAL, J.

1. This writ petition has been filed with the following prayer:-

        "(i) To issue a writ, order or direction, directing the Civil Judge, (J.D.), Gorakhpur for

        expeditious disposal of temporary injunction application dated 23.05.2026 under order 39,

        Rule 1 and 2 read with 151 C.P.C., filed along with original suit no.939 of 2026 (Indar vs.

        Bholi and Ors.) filed under Section 37 and 38 of Specific Relief Act, 1963, within stipulated

        time period may be fixed by this Hon'ble Court."


2. Recently, 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
has held that Constitutional Courts should refrain from fixing a time-bound schedule
for the disposal of cases pending before any other courts. The Court further held that
issue of prioritising the disposal of cases should be best left to the decision of the
courts concerned where the cases are pending. Relevant para 47.3 of the said judgment
is extracted hereasunder :-

        "Constitutional courts, in the ordinary course, should refrain from fixing a time-bound

        schedule for the disposal of cases pending before any other courts. Constitutional courts

        may issue directions for the time-bound disposal of cases only in exceptional

        circumstances. The issue of prioritising the disposal of cases should be best left to the

        decision of the courts concerned where the cases are pending;"


3. The Division Bench of this Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ
250 (DB) has held that no direction can be issued to the sub-ordinate courts for
deciding the suit within stipulated period. Relevant portion of the judgment is
extracted hereasunder:-
                                                                                                                     A227 No. 12432 of 2026
                                                                                  2


                                             "We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is

                                             pending before the Civil Judge (Junior Division), District- Azamgarh. It would be most

                                             inappropriate to Court to entertain a writ petition under Article 226 and/or under Article

                                             227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such

                                             orders, if granted, place a class of litigants, who move the court in a separate and

                                             preferential category whereas other cases which may be of similar or greater antiquity and

                                             urgency are left to be decided in the normal channel. Hence, any such direction may be

                                             issued with the greatest care and circumspection by the High Court otherwise the Civil

                                             Courts will be overburdened only with requests for expeditious disposal of suits, which

                                             have been expedited by the High Court. Most of the litigants cannot afford the expense of

                                             moving the High court and would not, therefore, be in a position to have the benefit of such

                                             an order.


                                             Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to

                                             determine whether a ground for urgency has been made out. We emphasize that there may

                                             be other cases such as involving senior citizens, those who are differently abled or people

                                             suffering from a particular disablilty socio-economic or otherwise which may prime cause

                                             of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind

                                             and decide whether the hearing of the suit to be expedited.


                                             For these reasons, we are not inclined to entertain the petition. The petition is,

                                             accordingly, dismissed. There shall be no order as to cost."


                                    4. In view of above, this Court declines to direct the Court below for expediting the
                                    proceedings pending before it.

                                    5. The petitioner may, however, move an application for expeditious disposal of the
                                    Original Suit No.939 of 2026 before the Court concerned, who will decide the same
                                    on the basis of pendency of cases before it and also keeping in mind the dictum of
                                    Hon'ble Apex Court as noted above.

                                    6. With the aforesaid direction, the writ petition stands disposed of.

                                    7. Registrar (Compliance) to communicate this order to the Court concerned within 48
                                    hours.




                                                                                                            (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026 // SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad