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Allahabad High Court

SMT. RINKUversusSMT. KRISHNA

Decided

Holding

The High Court may direct the subordinate trial court to decide a pending civil suit expeditiously without granting unnecessary adjournments.

Summary

The petitioner, Smt. Rinku, filed a writ petition under Article 227 seeking a direction to the trial court to expedite Civil Suit No.432 of 2014 pending before the Civil Judge (Senior Division) in Gautam Budh Nagar. The sole relief claimed was for the trial court to decide the suit within a stipulated period without unnecessary adjournments. The High Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained pending. Consequently, the Court disposed of the writ petition, directing the trial court to decide the civil suit expeditiously, subject to any legal impediment. No notices were issued to the respondent.

Issues considered

  • What authority does the High Court have under Article 227 to direct a subordinate court to expedite a pending civil suit?

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious trial
  • adjournment
  • direction to trial court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6200 of 2026

                                    Smt. Rinku
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Smt. Krishna
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Shyam Shanker Pandey
                                    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 trial court to expedite the Civil Suit No.432 of 2014 (Smt. Rinku Vs.
                                    Smt. Krishna), pending in the Court of learned Civil Judge (Senior
                                    Division)/FTC, Gautam Budh Nagar, within a stipulated period.

                                    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)/FTC, Gautam Budh Nagar to decide the
                                    Civil Suit No.432 of 2014 (Smt. Rinku Vs. Smt. Krishna), expeditiously,
                                    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


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