Allahabad High Court
ABDUL GANIversusBRAHMANAND YADAV
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court held that it cannot issue a mandamus directing the subordinate court to decide the suit within a fixed period and dismissed the petition.
Summary
The petitioner Abdul Gani filed a writ petition under Articles 226 and 227 seeking a mandamus directing the Civil Judge (Junior Division) Shahganj, Jaunpur to decide Civil Suit No.1491 of 2023 within a fixed period and to prevent interference with his possession of disputed land. The High Court examined the petition and noted that the suit has been pending since 2023 with several dates fixed. Relying on the precedent Ali Shad Usmani v. Ali Isteba (2015 (2) ADJ 250), the Court held that it is inappropriate to issue directions to subordinate courts for expeditious disposal of suits absent a clear ground of urgency. Consequently, the petition was dismissed, with liberty to the petitioner to move an appropriate application before the trial court for speedy disposal. The Court emphasized that discretion rests with the trial judge and that high‑court intervention should be exercised with great circumspection.
Issues considered
- Can a High Court issue a mandamus directing a subordinate civil court to decide a pending suit within a fixed period?
- Does the petitioner demonstrate a sufficient ground of urgency to justify such a direction?
Subjects
- Writ petition
- Mandamus
- Expeditious disposal
- Civil suit
- High Court jurisdiction
- Article 226
- Article 227
- Judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3401 of 2026
Abdul Gani
.....Petitioner(s)
Versus
Brahmanand Yadav
.....Respondent(s)
Counsel for Petitioner(s) : Dheeraj Singh, Jayanti Vikram Singh, Nitesh
Kumar, Sudhakar Srivastava
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed with seeking following relief :-
"Issue an order or direction in the nature of Mandamus directing to the
Civil Judge (Junior Division) Shahganj, Jaunpur to decide the Civil Suit
No.1491 of 2023 (Abdul Gani and another Versus Brahmanand) pending
before the Civil Judge (Junior Division) Shahganj, Jaunpur within a fixed
a period by this Hon'ble Court which is pending since 2023.
Issue writ order or direction in the nature of mandamus commanding the
respondent not to interfere in the peaceful possession of the Mi petitioner
over the disputed land."
3. Prayer made in this writ petition is that a direction be issued to the Court
below i.e. Civil Judge (Junior Division) Shahganj, Jaunpur, to decide the
aforesaid suit within the time framed as may be fixed by this Court.
4. From the perusal of order sheet, it appears that the aforesaid suit is pending
since 2023 and several dates have been fixed in the matter.
5. No such direction can be issued in view of the judgment of this Court
passed in the case of Ali Shad Usmani vs. Ali Isteba; 2015 (2) ADJ 250
(DB). The Division Bench of this Court in case of Ali Shad Usmani (supra)
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
hereunder:-
"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),
A227 No. 3401 of 2026
2
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 disability 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."
6. Accordingly, the present writ petition is disposed of finally, at this stage,
with liberty to the petitioner to move an appropriate application for expeditious
disposal of the aforesaid suit before the Court below i.e. Civil Judge (Junior
Division) Shahganj, Jaunpur, in accordance with law and in case such an
application is moved, the Court below shall pass an appropriate orders within
reasonable time.
March 18, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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