Allahabad High Court
HARIHARversusSAROJ AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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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