Allahabad High Court
LALCHAND AND 3 OTHERSversusSUSHIL SRIVASTAVA AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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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