Allahabad High Court
MANOJ KUMARversusABHIMANYU
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may issue a direction to a subordinate court to decide a pending suit expeditiously under its supervisory jurisdiction under Article 227.
Summary
Manoj Kumar filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D) in Jaunpur to decide suit No. 120 of 2023 (Manoj vs. Abhimanyu) within a stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the High Court disposed of the writ petition and directed the lower court to decide the suit promptly, ensuring service of notice and opportunity of hearing to all parties, subject to no other legal impediment. The petition was therefore dismissed with the specified direction.
Issues considered
- What authority does the High Court have under Article 227 to direct a subordinate court to decide a pending civil suit expeditiously?
Subjects
- Article 227
- writ petition
- supervisory jurisdiction
- civil suit
- expeditious disposal
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5818 of 2026
Manoj Kumar
.....Petitioner(s)
Versus
Abhimanyu
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Prasad Yadav
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 court of Civil Judge (J.D) Jaunpur, Jaunpur to decide the suit
No. 120 of 2023 (Manoj Vs. Abhimanyu), 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 court of Civil Judge (J.D) Jaunpur, Jaunpur to decide the suit No. 120
of 2023 (Manoj Vs. Abhimanyu), 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
Checking your session…