Allahabad High Court
RAMA SHANKAR JAISWALversusSMT. UMRAWATI DEVI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Junior Division), Maharajganj to decide the pending civil suit expeditiously, after due notice and hearing.
Summary
The petitioner, Rama Shankar Jaiswal, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Maharajganj, to decide Civil Suit No. 583 of 2019 (Umrawati Devi v. Rama Shankar Jaiswal). The petitioner argued that the suit was pending and required expeditious disposal. The High Court noted that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the Court disposed of the writ petition and ordered the subordinate civil judge to decide the suit promptly, ensuring service of notice, hearing, and opportunity to lead evidence, provided no other legal impediment exists. The order was pronounced on May 6, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending civil suit expeditiously?
Subjects
- Article 227
- Writ petition
- Civil suit
- Supervisory jurisdiction
- Expeditious disposal
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5881 of 2026
Rama Shankar Jaiswal
.....Petitioner(s)
Versus
Smt. Umrawati Devi
.....Respondent(s)
Counsel for Petitioner(s) : Anand Prakash Yadav, Krishna Nand
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 direction to the
learned Civil Judge (Junior Division), Maharajganj to decide the Civil Suit
No. 583 of 2019 (Umrawati Devi Versus Rama Shankar Jaiswal).
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), Maharajganj to decide the Civil
Suit No. 583 of 2019 (Umrawati Devi Versus Rama Shankar Jaiswal), 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
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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