Allahabad High Court
ARYA SHIKSHA SABHA AND ANOTHERversusSHAMBHU SHARAN SRIVASTAVA AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Given the extraordinary delay of over 27 years, the High Court may direct the trial court to expedite 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 the pending Original Suit No. 1042 of 2022 (originally filed in 1999). The High Court referred to the precedent of Ali Shad Usmani v. Ali Isteba, which generally disallows such directions to avoid creating a class of litigants, but noted that more than 27 years had elapsed without a decision. Consequently, the Court directed the trial court to decide the suit within one year of receipt of the certified copy of this order, on a day‑to‑day basis and without any adjournments. The petition was disposed of without any adjudication on the merits of the underlying suit. The order emphasizes the need for speedy disposal of long‑pending cases.
Issues considered
- Whether a High Court can issue a direction under Article 227 to expedite a pending suit despite the precedent limiting such directions.
Legislation cited
- Constitution of India — s. Article 227
Subjects
- Article 227
- judicial supervision
- case management
- expeditious trial
- adjournment
- high court direction
- long‑pending suit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13734 of 2026
Arya Shiksha Sabha And Another
.....Petitioner(s)
Versus
Shambhu Sharan Srivastava And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Dwivedi
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.
1042 of 2022 (Old No. Original Suit No. 328 of 1999).
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 27 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. 1042 of 2022 (Old No.
Original Suit No. 328 of 1999) 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 30, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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