Allahabad High Court
RAJEEV KUMAR KAMALversusSHREE GOPAL SHARMA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court may issue a supervisory direction under Article 227 directing the subordinate court to conclude pending proceedings within a reasonable period, subject to the absence of legal impediments.
Summary
Petitioner Rajeev Kumar Kamal, a plaintiff-landlord, filed a petition under Article 227 seeking a direction to the Small Causes Court, Aligarh, to dispose of SCC Case No. 37 of 2017 (Rajeev Kumar Komal vs. Shree Gopal Sharma) within a stipulated period. The petitioner argued that the case was stuck at the evidence stage with repeated adjournments, causing undue hardship. The High Court examined whether it could issue a supervisory direction to the lower court to expedite the proceedings. The Court observed that the lower court should endeavour to conclude the case preferably within six months from the date of the certified copy of the order, avoiding unnecessary adjournments, provided no legal impediment exists. Accordingly, the petition was disposed with the said direction.
Issues considered
- Whether the High Court, exercising its powers under Article 227, can direct a subordinate court to dispose of a pending civil suit within a specific time frame.
Subjects
- Article 227
- judicial supervision
- case management
- adjournment
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5453 of 2026
Rajeev Kumar Kamal
.....Petitioner(s)
Versus
Shree Gopal Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Jai Prakash Prasad
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Jai Prakash Prasad, learned counsel for the petitioner.
The present petition has been filed seeking a direction to the Judge, Small
Cause s Court, Aligarh to decide SCC Case No. 37 of 2017 (Rajeev Kumar
Komal vs. Shree Gopal Sharma), within a stipulated time period.
The petitioner asserted himself to plaintiff-landlord.
Counsel for the petitioner has referred to the 'order sheet' of the case, a copy
whereof has been appended to the petition to point out that the case is at the
stage of evidence and despite several dates having been fixed the case has
been adjourned for some reason or other, and the delay in disposal of the
case is causing undue hardship to the petitioner.
Accordingly, a prayer is made for a direction to conclude the proceedings at
an early date.
Having regard to the aforesaid, the present petition is disposed of with an
observation that the court concerned would make an endeavor to conclude
the proceedings of the case, which is stated to be pending before it,
preferably within a period of six months, from the date of production of a
certified copy of this order, without granting any unnecessary adjournments
to either of the parties, provided there is no other legal impediment.
(Dr. Yogendra Kumar Srivastava,J.)
April 23, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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