VIDYA DEVIversusREKHA AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                MATTERS UNDER ARTICLE 227 No. - 3470 of 2026

Vidya Devi
                                                              .....Petitioner(s)
                                   Versus

Rekha And Another
                                                          .....Respondent(s)

Counsel for Petitioner(s)         : Rishabh Agarwal, Shashank Singh
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. This petition has been filed with the following prayer:-

"A) Issue a suitable order or direction directing the court of C.J. (S.D.),
Agra to decide OS No. 852/2024 (Rekha Vs. Akhilesh Kant Sharma &
another) expeditiously and in a time bound manner."

3. 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.

4. Prayer made in this writ petition is that a direction be issued to the
Court below i.e. Civil Judge (S.D.), Agra to decide the aforesaid suit
within the time frame as may be fixed by this Court.

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
                                                                                            A227 No. 3470 of 2026
                                                                   2


                                    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 concerned i.e.
                                    Civil Judge (S.D.), Agra, in accordance with law and in case such an
                                    application is moved, the Civil Judge (S.D.), Agra, shall pass an
                                    appropriate order within reasonable time.



                                                                                   (Manish Kumar Nigam,J.)
                                    March 19, 2026
                                    Nitika Sri.




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad