Allahabad High Court
AVINASH CHANDRA GUPTA AND 3 OTHERSversusRAJ KUMAR SAHU URF RAJU
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court may, exercising its supervisory jurisdiction under Article 227, direct a subordinate court to expedite the disposal of a pending suit within a reasonable period.
Summary
The petitioners, Avinash Chandra Gupta and others, filed a petition under Article 227 of the Constitution seeking a direction to the Small Causes Court, Allahabad, to dispose of Suit No. 50 of 2015 within a stipulated period. They alleged that despite numerous dates being fixed since the suit was instituted on 12-10-2015, the matter had been repeatedly adjourned, causing undue hardship. The petitioners, represented by counsel Sarvesh Kumar Mishra, submitted the order sheet showing the delay and requested the High Court to intervene for expeditious disposal. The Court, after hearing the petition, dispensed with notice to the respondent and observed that the lower court should endeavour to decide the case within six months of the certified copy of the order, without unnecessary adjournments, provided no legal impediment exists. No substantive legal impediment was identified, and the Court exercised its supervisory jurisdiction under Article 227. Consequently, the petition was disposed of with a direction for the Small Causes Court to expedite the proceedings.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate court to dispose of a pending suit within a specified time frame to prevent undue hardship.
Subjects
- Article 227
- judicial supervision
- expeditious disposal
- adjournments
- Small Causes Court
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13297 of 2026
Avinash Chandra Gupta And 3 Others
.....Petitioner(s)
Versus
Raj Kumar Sahu Urf Raju
.....Respondent(s)
Counsel for Petitioner(s) : 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
Judge, Small Causes Court, Allahabad, to decide the S.C.C.
Suit No.50 of 2015 [Avinash Chandra Gupta and Others Vs.
Raj Kumar Sahu], within a stipulated time period.
The petitioners have described themselves to be the landlords-
plaintiffs in the pending suit.
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 the proceedings were instituted on 12.10.2015,
and thereafter although a fairly large number of dates have
been fixed, but for some reason or the other, the matter is being
adjourned and the delay in disposal of the case is causing
undue hardship to the petitioners.
Accordingly, the petitioners, by way of the present petition,
seek a direction for the proceedings to be expedited.
In view of the order proposed to be passed, notice to the
respondent is dispensed with.
Having regard to the aforesaid, the petition is disposed of with
A227 No. 13297 of 2026
2
an observation that the court/authority concerned would make
an endeavour to decide the aforesaid case, in accordance with
law, expeditiously and preferably within a period of six
months, from the date 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 23, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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