Created by Fuzzy Cloud

Allahabad High Court

RADHE SHYAM SONKAR ALIAS MATTARversusPANGU ALIAS PAMMU AND 14 OTHERS

Decided

Holding

The High Court may, under Article 227, direct a subordinate civil court to decide a pending application expeditiously within a stipulated period.

Summary

The petitioner, Radhe Shyam Sonkar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) Mirzapur to decide a 6-C application filed on 15 March 2024 in Original Suit No. 147 of 2024. The petitioner argued that the pending application required expeditious disposal and requested the High Court to set a time limit. The Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court exercised its supervisory jurisdiction to issue a direction for the civil court to decide the application within eight months, without unnecessary adjournments. The direction was subject to any legal impediment. The writ petition was therefore disposed of with the said direction.

Issues considered

  • Whether the High Court, under its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending application expeditiously and within a specified time frame

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6198 of 2026

                                    Radhe Shyam Sonkar Alias Mattar
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Pangu Alias Pammu And 14 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anjul Dwivedi, Sai Girdhar, Vandana
                                                                       Mishra
                                    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 is for a direction to
                                    the Civil Judge (Senior Division) Mirzapur to decide 6-C application filed
                                    by plaintiff-petitioner dated 15.3.2024 (contained in Annexure No. 3 to the
                                    petition) in Original Suit No.147 of 2024, Radhe Shyam Sonkar alias Mattar
                                    versus Pangu alias Pammu & others expeditiously, preferable within the
                                    time limit specify 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) Mirzapur to decide 6-C application filed
                                    by plaintiff-petitioner dated 15.3.2024 in Original Suit No.147 of 2024,
                                    Radhe Shyam Sonkar alias Mattar versus Pangu alias Pammu & others,
                                    expeditiously, preferably within eight months, strictly in accordance with
                                    law, without granting any unnecessary adjournments, subject to legal
                                    impediment.

                                    May 5, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)



Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.