Allahabad High Court

SADABRIJversusDAYARAM AND 2 OTHERS

Decided: 4 May 2026
Bench: VIKAS BUDHWAR

Holding

The High Court held that it may direct the subordinate civil court to decide the pending suit expeditiously, and therefore disposed of the writ petition with such a direction.

Summary

The petitioner, Sadabrij, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Shahganj, Jaunpur, to decide Miscellaneous Suit No. 04 of 2024 against the respondents expeditiously under Section 39 Rule (2A) read with Section 151 of the Code of Civil Procedure. The High Court noted that the suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and issued a directive to the civil judge to decide the suit within eight months, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents. The order reflects the Court’s supervisory jurisdiction to ensure speedy disposal of pending civil matters.

Issues considered

Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to decide a pending miscellaneous suit expeditiously pursuant to Section 39 Rule (2A) and Section 151 of the CPC?

Legislation cited

Code of Civil Procedure, 1908 — s. Section 151, Section 39(2A)

Subjects

Article 227
Writ Petition
Expeditious Trial
Section 39 Rule 2A
Section 151 CPC
Civil Procedure
Miscellaneous Suit

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6201 of 2026

Sadabrij
.....Petitioner(s)
Versus

Dayaram And 2 Others
.....Respondent(s)

Counsel for Petitioner(s) : Pramod Kumar Pandey, Preetam
Kumar Bharti
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 (Junior Division) Shahganj Jaunpur to decide the Misc. Suit
No.04 of 2024 (Sadabrij Vs. Dayaram and others) under Section 39 rule
(2A) read with Section 151 C.P.C. as expeditiously as possible preferably by
way to of day 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 (Junior Division) Shahganj Jaunpur to decide the Misc.
Suit No.04 of 2024 (Sadabrij Vs. Dayaram and others) under Section 39 rule
(2A) read with Section 151 C.P.C, 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

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