Allahabad High Court
SMT. SUDHA VASHISHTHversusSMT. SARITA JHA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Senior Division), Etah, to decide the pending civil suit expeditiously, after ensuring due process.
Summary
The petitioner, Smt. Sudha Vashishth, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) in Etah to decide Civil Suit No. 296 of 2021 against Smt. Sarita Jha within a stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The Court noted that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the Court disposed of the writ petition and issued a directive to the lower court to decide the suit expeditiously, ensuring service of notice and opportunity of hearing to all parties. The order emphasized compliance with law and the absence of any other legal impediment.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending suit expeditiously.
Subjects
- Article 227
- writ petition
- expeditious disposal
- civil suit
- direction to lower court
- due process
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6307 of 2026
Smt. Sudha Vashishth
.....Petitioner(s)
Versus
Smt. Sarita Jha
.....Respondent(s)
Counsel for Petitioner(s) : Himanshu Upadhyay, Shashank Bhushan
Pandey Chanchal, Shivendra Bahadur
Singh
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 writ, order or
direction to the Court of Civil Judge (Senior Division), Room No.20, Etah,
to decide the Civil Suit No. 296 of 2021 (Smt. Sudha Vashishth Vs. Smt.
Sarita Jha), pending before it within stipulated time, as may deem fit and
proper by this 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 (Senior Division), Room No.20, Etah, to decide the Civil
Suit No. 296 of 2021 (Smt. Sudha Vashishth Vs. Smt. Sarita Jha), 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
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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