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Allahabad High Court

SRIRAM YADAVversusMISHRI AND ANOTHER

Decided

Holding

The High Court directs the Civil Judge (Senior Division), Haveli, Azamgarh, to decide the suit and the 6C application expeditiously within eight months and disposes of the writ petition.

Summary

The petitioner, Sriram Yadav, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) in Haveli, Azamgarh, to expedite the disposal of his suit (Case No. 1219 of 2013) against Mishri and to decide a pending 6C application during the suit's final disposal. The petitioner argued that the lower court had been unduly delaying the proceedings. The High Court observed that since the suit itself was pending, maintaining the writ petition served no useful purpose. Consequently, the Court disposed of the writ petition but issued a direction to the lower court to decide the suit and the 6C application expeditiously, without unnecessary adjournments, within eight months, subject to any legal impediment. The order thus combines disposal of the writ petition with a supervisory direction under Article 227.

Issues considered

  • What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to expedite the disposal of a pending civil suit and a 6C application?

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • civil suit
  • 6C application
  • direction to lower court
  • supervisory jurisdiction

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
                MATTERS UNDER ARTICLE 227 No. - 6269 of 2026

Sriram Yadav
                                                                    .....Petitioner(s)
                                        Versus

Mishri And Another
                                                                  .....Respondent(s)

Counsel for Petitioner(s)           : Madhu Sudan             Dwivedi,      Shrawan
                                      Dwivedi
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 present petition has been preferred seeking the following reliefs:-

"I) Issue an order or direction to the learned Civil Judge (Senior Division), Haveli,
Azamgarh/Competent Civil Court to decide the case in Case No. 1219 of 2013 (Sriram
Yadav Vs. Mishri) expeditiously within a short stipulated period of time as fixed by
this Hon'ble Court pending in the court of Civil Judge (Senior Division), Haveli,
Azamgarh/Competent Civil Court.

II) To direct the Civil Judge (Senior Division), Haveli, Azamgarh/Competent Civil
Court to decide the 6C application filed in aforesaid suit during the pendency of final
disposal of the case No. 1219 of 2013 (Sriram Yadav Versus Mishri)."

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), Haveli, Azamgarh/Competent Civil
Court to decide the case in Case No. 1219 of 2013 (Sriram Yadav Vs.
Mishri), expeditiously without granting any unnecessary adjournments,
                                                                                               A227 No. 6269 of 2026
                                                                    2


                                    subject to legal impediment and further with a direction to Civil Judge
                                    (Senior Division), Haveli, Azamgarh/Competent Civil Court to decide the
                                    6C application filed in aforesaid suit during the pendency of final disposal of
                                    the case No. 1219 of 2013 (Sriram Yadav Versus Mishri) expeditiously,
                                    within a period of eight months, 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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