Allahabad High Court
SMT ANITA DEVI WIDOWversusSRI SHANKAR DAYAL AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court, exercising its supervisory jurisdiction under Article 227, directed the Civil Judge to dispose of the pending suit expeditiously without granting unnecessary adjournments.
Summary
The petitioner, Smt. Anita Devi Widow, filed a writ petition under Article 227 seeking a direction to the Civil Judge, Senior Division, Hamirpur to dispose of Original Suit No. 60 of 2010 (Shankar Dayal & Others v. Anita) which had been pending since February 2010. The sole relief claimed was an order for expeditious disposal of the suit within a fixed period, without unnecessary adjournments. The Court noted that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the High Court disposed of the writ petition and issued a direction to the lower court to decide the pending suit promptly, subject to any legal impediment, and ordered that no notice be issued to the respondents. The order reflects the Court’s exercise of its supervisory jurisdiction under Article 227 to ensure timely justice in lower courts.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower court to expedite the disposal of a pending civil suit.
- Whether notice to the respondents is required before issuing such a direction.
Subjects
- Article 227
- writ petition
- supervisory jurisdiction
- case management
- expeditious disposal
- civil suit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6221 of 2026
Smt Anita Devi Widow
.....Petitioner(s)
Versus
Sri Shankar Dayal And Another
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash
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, Hamirpur for the expeditious disposal of
the proceeding of the Original Suit No. 60 of 2010 (Shankar Dayal and
other Vs. Anita) pending since 16.02.2010 within a fix period of time as
directed 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, Hamirpur for the expeditious disposal of
the proceeding of the Original Suit No. 60 of 2010 (Shankar Dayal and
other Vs. Anita), expeditiously, 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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