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Allahabad High Court

LALCHAND AND 3 OTHERSversusSUSHIL SRIVASTAVA AND 3 OTHERS

Decided

Holding

The High Court held that it may direct the subordinate civil court to decide the pending suit expeditiously, subject to due process requirements.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge Junior Division, Jaunpur, to decide the pending suit (Case No. 1195 of 2020) against the respondents. The petition alleged that the suit was pending without any progress and requested the High Court to intervene for expeditious disposal. The Court noted that the suit was still pending and that issuing further notices to the respondents would not serve any useful purpose. Consequently, the Court disposed of the writ petition, directing the subordinate judge to decide the suit promptly, ensuring service of notice and an opportunity of hearing to all parties. The order emphasized compliance with law and the need for a reasonable opportunity to lead evidence, provided no other legal impediment exists.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending suit expeditiously?

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6259 of 2026

                                    Lalchand And 3 Others
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Sushil Srivastava And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Anurag Yadav
                                    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
                                    learned Civil Judge Junior Division Jaunpur to decide the Case No. 1195 of
                                    2020 (Lalchand and others Vs. Sushil Srivastava and others), pending before
                                    the learned Civil Judge Junior Division Jaunpur.

                                    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 learned Civil Judge Junior Division Jaunpur to decide the Case No.
                                    1195 of 2020 (Lalchand and others Vs. Sushil Srivastava and others),
                                    pending before the learned Civil Judge Junior Division Jaunpur, in
                                    accordance with law, expeditiously, 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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