Allahabad High Court
VINOD KUMAR ALIAS PAPPUversusSHIV SHANKAR AND 11 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court directed the Additional Civil Judge to decide the pending case within twelve weeks, exercising its supervisory jurisdiction under Article 227.
Summary
The petitioner, Vinod Kumar, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge, S.D. Ist District Jaunpur, to decide Miscellaneous Case No. 99 of 2024 (Vinod Kumar v. Shiv Shankar) expeditiously. The petitioner argued that the case had been pending since 2024 despite multiple dates being fixed. The Court examined the petition and found no merit in keeping the writ pending. Consequently, the Court disposed of the petition and directed the lower court to decide the pending case within twelve weeks of receiving a certified copy of the order, without unnecessary adjournments, provided no other legal impediment exists. The order was signed on March 19, 2026.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a lower court to decide a pending civil matter expeditiously under Order 9 Rule 13 of the CPC.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 9 Rule 13
- Constitution of India — s. Article 227
Subjects
- Article 227
- supervisory jurisdiction
- expeditious disposal
- Civil Procedure Code
- Order 9 Rule 13
- writ petition
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3463 of 2026
Vinod Kumar Alias Pappu
.....Petitioner(s)
Versus
Shiv Shankar And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shiva Priya Prasad
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
" a) Issue a direction, directing the district judiciary to decide the Misc Case No. 99 of
2024 (Vinod Kumar Vs Shiv Shankar) (Under Order 9 Rule 13 of C.P.C) pending in
the court of Additional Civil Judge (S.D) Ist District Jaunpur expeditiously within
stipulated time as fix by this Hon'ble court."
3. Contention of the learned counsel for the petitioner is that aforesaid case is pending
since 2024 and the same has not been decided despite several dates have been fixed.
He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition
pending.
5. Accordingly, the present petition stands disposed of finally with a direction to the
Additional Civil Judge (S.D) Ist District Jaunpur to consider and decide the Misc Case
No. 99 of 2024, in accordance with law, expeditiously, preferably within a period of
twelve weeks from the date of production of a certified copy of this order after
ensuring service upon all the opposite parties, giving opportunity of hearing to the
parties concerned and without granting unnecessary adjournments to either of the
parties provided that there is no other legal impediment.
March 19, 2026
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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