Allahabad High Court
NILENDU SONKARversusKULDEEP SONKAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court exercised its supervisory jurisdiction under Article 227 to direct the Small Causes Court to decide the pending appeal within three months and disposed the writ petition without deciding the merits.
Summary
The petitioner, Nilendu Sonkar, filed a writ petition under Article 227 seeking a direction for the expeditious disposal of his pending appeal (No. 51/2024) before the Judge of the Small Causes Court, Allahabad. The petition solely requested that the lower court decide the appeal within a stipulated time. The High Court observed that no further procedural steps such as counter‑affidavit or notice were necessary at the admission stage. Consequently, the Court directed the Small Causes Court to decide the appeal within three months of receiving the certified copy of the order, after hearing all parties. The petition was disposed without any merits being adjudicated.
Issues considered
- What power does the High Court have under Article 227 to direct a lower court to dispose of a pending appeal within a specific time frame?
Subjects
- Article 227
- writ petition
- expeditious disposal
- Small Causes Court
- direction
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13777 of 2026
Nilendu Sonkar
.....Petitioner(s)
Versus
Kuldeep Sonkar And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar, Shashi Ranjan Srivastava
Counsel for Respondent(s) : Vijay Bahadur Maurya
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"1. Issue a order or direction pleased to decide the within stipulated time
of the in the Appeal No. 51/2024 (Nilendu Sonkar Vs. Kuldeep Sonkar
and another) to the Judge Small Causes Case, Allahabad within
stipulated time (ANNEXURE NO. 2) to this petition."
2. It is contended an S.C.C. appeal is pending consideration before the
Judge, Small Causes Court, Allahabad. The sole prayer made is for
expeditious disposal of the same.
3. As no useful purpose would be served in keeping the matter pending or
calling for counter affidavit or issuing notice to the respondents, at this
admission stage, this Court directs the court concerned to proceed with
the Appeal No. 51 of 2024 and decide the same within a period of three
months from the date of production of certified copy of this order, in
accordance with law, after hearing all affected parties.
4. With the aforesaid directions, the petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merit.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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