Allahabad High Court
SUNAINAversusMAYA DEVI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge (Senior Division), Ghazipur, to decide the pending suit expeditiously, ensuring service of notice and a fair hearing.
Summary
Sunaina filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Ghazipur, to decide her pending suit No. 234 of 2023 for recovery of money. The High Court noted that the suit was already pending and that issuing further notices in the writ petition would be unnecessary. Counsel for the petitioner urged an expeditious disposal of the suit. The Court held that keeping the writ petition pending served no useful purpose and therefore disposed of it, directing the lower court to decide the suit promptly, after serving notice to all respondents and providing them a fair hearing. The order emphasizes adherence to procedural fairness and the supervisory jurisdiction of the High Court.
Issues considered
- Whether the High Court should issue a direction for the lower civil court to decide the pending suit expeditiously under its supervisory jurisdiction under Article 227
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- civil suit
- recovery of money
- expeditious disposal
- notice of parties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6227 of 2026
Sunaina
.....Petitioner(s)
Versus
Maya Devi
.....Respondent(s)
Counsel for Petitioner(s) : Suvash Ram
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 direction to the
court of Civil Judge (Senior Division), Ghazipur, to decide the Suit No. 234
of 2023, CNR No. UPGH050003072023 (Sunaina versus May Devi) for
recovery of Money, is pending before him.
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 court of Civil Judge (Senior Division), Ghazipur, to decide the Suit
No. 234 of 2023, CNR No. UPGH050003072023 (Sunaina versus May
Devi) for recovery of Money, is pending before him, 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 5, 2026
Rajesh
Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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