Created by Fuzzy Cloud

Allahabad High Court

DEEP CHANDRAversusJAGANNATH

Decided

Holding

The writ petition is disposed, and the High Court directs the subordinate civil judge to decide the pending cases expeditiously within eight months.

Summary

The petitioner, Deep Chandra, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Jaunpur to decide a pending suit (Case No. 283 of 2017, Deepchand Vs. Jagannath) and a related 7C2 application within a stipulated time. The petitioner’s counsel requested an expeditious disposal of the suit. The Court observed that the suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and directed the Civil Judge to decide another pending case (Case No. 01 of 2021, Raj Kumar vs. Smt. Shanti) and the 7C2 application within eight months, without unnecessary adjournments. The order emphasizes compliance with law and timely adjudication.

Issues considered

  • Whether the High Court can issue a writ directing a subordinate civil judge to decide a pending suit and application within a specific time frame under Article 227.

Subjects

  • Article 227
  • Writ petition
  • Civil Judge (Junior Division)
  • Expeditious disposal
  • Adjournment
  • Subordinate court direction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6311 of 2026

                                    Deep Chandra
                                                                                                        .....Petitioner(s)
                                                                           Versus
                                    Jagannath
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Ajay Kumar Kesarwani,       Madhu      Sudan
                                                                           Dwivedi, Shrawan Dwivedi
                                    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 learned Civil Judge (Junior Division),
                                    Azamgarh/Competent Civil Court to decide the case in Case No. 283 of
                                    2017 (Deepchand Vs. Jagannath) as well as the 7C2 application 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 (Junior Division), Jaunpur to decide the Case
                                    No. 01 of 2021 (Raj Kumar vs. Smt. Shanti), as well as the 7C2
                                    application, in accordance with law, expeditiously, decided within a
                                    period of eight months from the date of presentation of the certified copy
                                    of the order without granting unnecessary adjournments subject to legal
                                    impediment.
                                    May 6, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.