Allahabad High Court
AVINASH CHANDRA GUPTA AND 3 OTHERSversusRAJ KUMAR SAHU URF RAJU AND 3 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court directed the lower court to conclude the pending proceedings within three months, barring unnecessary adjournments, thereby exercising its supervisory jurisdiction under Article 227.
Summary
The petitioners, claiming to be landlords, filed a petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division) in Prayagraj to dispose of a pending civil suit (P.A. Case No. 06 of 2015) filed on 6 October 2015 under Section 21(1)(a) of the Uttar Pradesh Act No. 13 of 1972. They alleged that repeated adjournments had caused grave hardship and requested the higher court to order an early conclusion of the matter. The High Court, after hearing counsel for the petitioners, noted the delay and the need for expeditious disposal, and directed the lower court to endeavour to conclude the proceedings within three months of the certified copy of the order, without unnecessary adjournments, unless a legal impediment existed. No notice to private respondents was required. The petition was disposed of with the directive to the lower court.
Issues considered
- Whether the High Court can, under Article 227, direct a lower civil court to dispose of a pending case within a specified time frame under Section 21(1)(a) of the Uttar Pradesh Act No. 13 of 1972.
Legislation cited
- Uttar Pradesh Act No. 13 of 1972 — s. 21(1)(a)
Subjects
- Article 227
- judicial supervision
- expeditious disposal
- adjournments
- landlord-tenant
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13019 of 2026
Avinash Chandra Gupta And 3 Others
.....Petitioner(s)
Versus
Raj Kumar Sahu Urf Raju And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar, Sarvesh Kumar Mishra
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Sarvesh Kumar Mishra, learned counsel for the petitioners.
The present petition has been filed seeking a direction to the Additional
Civil Judge (Senior Division), ACJM Court No.17, Prayagraj to decide
P.A. Case No. 06 of 2015, under Section 21(1)(a) of the U.P. Act No. 13
of 1972, within a stipulated time period.
The petitioners have asserted themselves to be landlords, applicants in the
pending case.
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 06.10.2015 and thereafter although several
dates have been fixed but for some reason or the other, the case has been
adjourned and the delay in disposal of the case 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
it, expeditiously preferably within a period of three months, from the date
A227 No. 13019 of 2026
2
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 18, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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