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Allahabad High Court

MITHLESH KUMARversusSHATRUGHAN PRASAD AND 41 OTHERS

Decided

Holding

The High Court directed the Civil Judge Junior Division, District Chitrakoot, to decide the pending suit expeditiously, ensuring service of notice and opportunity of hearing to all parties.

Summary

The petitioner, Mithlesh Kumar, filed a writ petition under Article 227 seeking a direction to the Learned Civil Judge Junior Division, District Chitrakoot, to decide Original Suit No. 233 of 2014 against Shatrughan Prasad and others within a stipulated time. The petitioner’s counsel requested expeditious disposal of the pending suit. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower court to decide the suit expeditiously, ensure service of notice to all respondents, and provide a reasonable opportunity to lead evidence, subject to no other legal impediment. The order was dated May 6, 2026.

Issues considered

  • Whether the High Court can issue a writ directing the lower civil court to decide a pending suit expeditiously under its supervisory jurisdiction under Article 227.

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious disposal
  • supervisory jurisdiction
  • direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5806 of 2026

                                    Mithlesh Kumar
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Shatrughan Prasad And 41 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Prabhat Kumar Pandey, Shiv Shankar
                                                                       Shukla
                                    Counsel for Respondent(s)        :

                                    Court No. - 5
                                                        HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    3. The solitary relief claimed in the present writ petition for a writ, order or
                                    direction to the Learned Civil Judge Junior Division District- Chitrakoot, to
                                    decide the Original Suit No. 233 of 2014 (Mitilesh Kumar Vs. Shatrudhan
                                    Prasad and others), pending before it within stipulated time, as may deem fit
                                    and proper by this Hon'ble Court.

                                    4. Learned counsel prayed that the said suit may be decided, expeditiously.

                                    5. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to the Learned Civil Judge Junior Division District- Chitrakoot, to decide the
                                    Original Suit No. 233 of 2014 (Mitilesh Kumar Vs. Shatrudhan Prasad and
                                    others), in accordance with law, expeditiously, after ensuring service of
                                    notice upon all the respondents and providing opportunity of hearing to all
                                    the concerned parties as well as giving a reasonable opportunity of leading
                                    evidence in respect of their case, provided there is no other legal
                                    impediment.

                                    May 6, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)



Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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