Allahabad High Court
SHESHMANI DUBEYversusINDRAWATI AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is disposed with a direction to the Civil Judge (Senior Division), Haweli, to decide the pending suit expeditiously, subject to compliance with procedural requirements.
Summary
The petitioner, Sheshmani Dubey, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) in Haweli, Azamgarh, to expedite the pending Original Suit No. 1172 of 2020 (Indrawati & Others v. Chintamani Dubey & Others). The petition solely requested that the lower court decide the suit expeditiously, with proper service of notice and an opportunity to be heard. The High Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition and issued a directive to the lower court to decide the suit promptly, ensuring procedural safeguards unless a legal impediment exists. The order was pronounced by Hon'ble Justice Vikas Budhwar on 6 May 2026.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a lower court to expedite the disposal of a pending civil suit.
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- expeditious disposal
- civil suit
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6282 of 2026
Sheshmani Dubey
.....Petitioner(s)
Versus
Indrawati And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Rai, Anurag Tiwari
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), Haweli, District Azamgarh to decide
Original Suit No. 1172 of 2020 (Indrawati & Others vs. Chintamani Dubey
& Others) expeditiously.
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), Haweli, District Azamgarh to
decide Original Suit No. 1172 of 2020 (Indrawati & Others vs. Chintamani
Dubey & Others) expeditiously, 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 6, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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