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Allahabad High Court

GANGA PRASAD UMAR (DEAD) AND 4 OTHERSversusRAJPATI UMAR (DEAD) AND 3 OTHERS

Decided

Holding

The High Court may issue a direction under Article 227 to expedite a specific pending suit when an inordinate delay exists, directing the trial court to decide the suit within one year without adjournments.

Summary

The petitioners filed a petition under Article 227 of the Constitution seeking a direction to the trial court to expedite Original Suit No. 303 of 1994, which had remained pending for over 32 years. The High Court referred to the decision in Ali Shad Usmani v. Ali Isteba (2015) which generally disallows such directions as they create a class of litigants, but distinguished the present case due to the extraordinary delay. Consequently, the Court directed the trial court to decide the suit within one year of receiving the certified copy of the order, without granting any adjournments, and to proceed on a day‑to‑day basis. The direction was issued solely for case management purposes and the merits of the original suit were not adjudicated. The petition was therefore disposed of after the expeditious‑trial direction was given.

Issues considered

  • Whether a High Court can, under Article 227, issue a direction to a lower court to expedite a pending suit despite the general principle against class‑wide directions
  • Whether the extraordinary delay of over three decades justifies such a direction

Legislation cited

Subjects

  • Article 227
  • judicial supervision
  • case management
  • expeditious trial
  • adjournment
  • high court direction
  • civil litigation delay

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 13334 of 2026

                                    Ganga Prasad Umar (Dead) And 4 Others
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Rajpati Umar (Dead) And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Vinod Kumar Tiwari
                                    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.
                                    303 of 1994 (Ganga Prasad Umar Vs. Rajpati Umar).

                                    2. The 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 32 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. 303 of 1994 and decide the
                                    same, expeditiously, preferably, within a period of one year 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 23, 2026
                                    A. V. Singh




Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad


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