Allahabad High Court
SUBHASH PATELversusSHAMBHU NATH & 12 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may direct the subordinate civil court to decide the pending suit expeditiously, preferably within six months, and dispose of the writ petition accordingly.
Summary
The petitioner, Subhash Patel, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Sharki), Allahabad, to decide Suit No. 1435 of 2005 (Ram Lakhan vs. Shambhu Nath and Others) within a fixed time. The petition solely requested an expeditious disposal of the pending suit. The 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 direction for the civil judge to decide the suit preferably within six months, without unnecessary adjournments, subject to legal impediments. The order was pronounced on May 6, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether a High Court can issue a mandatory direction to a subordinate civil court to decide a pending suit within a specified time frame under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- writ petition
- civil suit
- direction
- expeditious disposal
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6293 of 2026
Subhash Patel
.....Petitioner(s)
Versus
Shambhu Nath & 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aqueel Ahmad, Irfan Ahmad
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 respondent.
3. The solitary relief claimed in the present writ petition is for a direction to
the Civil Judge (Sharki), Allahabad to decide the Suit No.1435 of 2005
(Ram Lakhan vs. Shambhu Nath and Others), within the stipulated time as
may be fixed by the Hon'ble Court.
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 (Sharki), Allahabad to decide the Suit No.1435 of 2005
(Ram Lakhan vs. Shambhu Nath and Others), expeditiously, preferably
within six months, strictly in accordance with law, without granting any
unnecessary adjournments, subject to legal impediment.
May 6, 2026
Ajeet
(Vikas Budhwar,J.)
Digitally signed by :-
AJEET KUMAR PATEL
High Court of Judicature at Allahabad
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