Allahabad High Court
SMT SADHNA SHUKLAversusBHAGWAN SINGH AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge (Senior Division), Kanpur Nagar to decide the pending suit expeditiously, ensuring due process.
Summary
The petitioner, Smt Sadhna Shukla, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Kanpur Nagar, to decide her pending Original Suit No. 51 of 2023 against Bhagwan Singh and another within a stipulated time. The petitioner’s counsel 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 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 the absence of any other legal impediment. The order was pronounced on May 7, 2026.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a lower court to decide a pending civil suit within a stipulated time.
Subjects
- Article 227
- writ petition
- civil suit
- expeditious disposal
- direction to lower court
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6002 of 2026
Smt Sadhna Shukla
.....Petitioner(s)
Versus
Bhagwan Singh And Another
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Srivastava
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 Civil Judge (Senior Division), Kanpur Nagar to decide the
Original Suit No. 51 of 2023 (Smt. Sadhana Shukla Vs. Bhagwan Singh and
Another), 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 Civil Judge (Senior Division), Kanpur Nagar to decide the Original
Suit No. 51 of 2023 (Smt. Sadhana Shukla Vs. Bhagwan Singh and Another)
, in accordance with law, expeditiously as per roster, 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 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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