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Allahabad High Court

HARIHARversusSAROJ AND 3 OTHERS

Decided

Holding

The High Court directed the civil judge to decide the pending suit expeditiously and disposed of the writ petition.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) of District Kushinagar to decide Original Suit No. 430 of 2012 (Saroj vs. Kamali and Others) within a fixed time. The petition sought expeditious disposal of the pending suit. 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 direction to the civil judge to decide the suit promptly, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a lower court to decide a pending suit within a stipulated time.

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • expeditious disposal
  • direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6299 of 2026

                                    Harihar
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    Saroj And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)        : Rampyare Lal Srivastava,              Subash
                                                                       Chandra Srivastava
                                    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 (J.D.), District Kushinagar at Padrauna to decide the Original
                                    Suit No.430 of 2012 (Saroj vs. Kamali and Others) pending before him,
                                    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 (J.D.), District Kushinagar at Padrauna to decide the
                                    Original Suit No.430 of 2012 (Saroj vs. Kamali and Others) pending before
                                    him, expeditiously, 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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