Allahabad High Court
R.K. ENGINEERING WORKSversusRAJESH KUMAR DUBEY AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (S.D.) Varanasi to expedite the pending suit and disposed of the writ petition.
Summary
The petitioner, R.K. Engineering Works, filed a writ petition under Article 227 seeking a direction to the Civil Judge (S.D.) Varanasi to expedite the pending suit O.S. No. 1065/2023 against the respondents. The petition alleged that the suit was unduly delayed and requested the High Court to intervene. The Court examined whether it could issue a writ directing a lower court to fast‑track a civil suit and found that such a direction was appropriate to ensure timely justice. Consequently, the Court disposed of the writ petition, directing the Civil Judge to expedite the suit, ensure service of notice to all respondents, and provide a reasonable opportunity for hearing and evidence, subject to no other legal impediment. The petition was thus dismissed with the specific direction to the lower court.
Issues considered
- Whether a writ petition under Article 227 can be entertained to direct a lower civil court to expedite a pending suit
Subjects
- Article 227
- writ petition
- expeditious trial
- Civil suit
- direction to lower court
- judicial delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6004 of 2026
R.K. Engineering Works
.....Petitioner(s)
Versus
Rajesh Kumar Dubey And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Prakash Pandey, Vinay
Bhushan Upadhyay
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 (S.D.) Varanasi to expedite the O.S. No.
1065/2023 (R.K. Engineering Works Vs. Rajesh Kumar Dubey & 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 Civil Judge (S.D.) Varanasi to expedite the O.S. No. 1065/2023 (R.K.
Engineering Works Vs. Rajesh Kumar Dubey & Others), 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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