OMBIR SINGH AMBEDKARversusSTATE OF U.P. AND 4 OTHERS

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                MATTERS UNDER ARTICLE 227 No. - 3404 of 2026

Ombir Singh Ambedkar
                                                                        .....Petitioner(s)
                                        Versus
State Of U.P. And 4 Others
                                                                      .....Respondent(s)

Counsel for Petitioner(s)                             :    Jay Prakash Yadav
Counsel for Respondent(s)                             :    C.S.C.

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 a suitable direction to the court below the Civil Judge (Junior
      Division) Ghaziabad to consider and decide the Declaratory Suit, Case
      has been registered Case No. 291 of 2024 (Ombir Singh Ambedkar vs.
      Saroj and others) of the petitioner expeditiously within stipulated period
      which this Hon'ble Court may deem fit and proper."

3. Prayer made in this writ petition is that a direction be issued to the Court
below i.e. Civil Judge (Junior Division) Ghaziabad, 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 2024 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),
      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
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                                            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) Ghaziabad, 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