SATYA DEV KUSHWAHAversusSMT. DEEPMALA KUSHWAHA (SINCE DECEASED) AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 13223 of 2026

Satya Dev Kushwaha
                                                                    .....Petitioner(s)
                                        Versus

Smt. Deepmala Kushwaha (Since Deceased) And 3
Others                                                            .....Respondent(s)

Counsel for Petitioner(s)           : Birendra Prasad Maurya, Jagdamba,
                                      Smt. Mithlesh Kumari
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) Issue a writ order or direction in the nature of mandamus directing
     the learned civil Judge (Junior Division) Jhansi to decide the original suit
     NO. 253 OF 2018 (Smt. Deepmala Kushwaha Vs. Satya Dev Kushwaha
     and others) which is pending before him since 17.07.2018 for final
     disposal (filed by plaintiff/respondent NO. 1 for cancellation of registered
     adoption deed dated 19.12.2016 annexed as Annexure No. 1), without
     giving unnecessary adjournment either of the parties hearing day by day
     basis, within stipulated period which fix by this Hon'ble court otherwise
     petitioner shall suffer irreparable loss and injury."

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 Constitution 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
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     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:-

     "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."
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                                    4. In view of above, this Court declines to direct the court below to
                                    expedite the proceedings pending before it.

                                    5. The petitioner may, however, move an application for expeditious
                                    disposal of Suit No. 253 of 2018 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.

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

                                    7. Registrar (Compliance) is directed to communicate this order to the
                                    court concerned within 48 hours.



                                                                                    (Rohit Ranjan Agarwal,J.)
                                    September 23, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad