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Allahabad High Court

GITA DEVIversusSMT. KESH KUNWAR

Decided

Holding

The High Court directed the subordinate civil court to decide the pending suit expeditiously, ensuring due process, and disposed of the writ petition.

Summary

The petitioner, Gita Devi, filed a writ petition under Article 227 seeking a direction to the Learned Civil Judge (Senior Division) Jalaun at Orai to decide Original Suit No. 425 of 2022 (Mahendra Pratap Singh v. Smt. Kesh Kunwar) within a stipulated time. The petitioner argued that the civil suit was pending and required expeditious disposal. The High Court noted that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower court to decide the civil suit expeditiously, ensure service of notice to all respondents, and provide a reasonable opportunity to lead evidence, subject to the absence of any other legal impediment.

Issues considered

  • What authority does a High Court have under Article 227 to direct a subordinate civil court to decide a pending suit expeditiously?

Subjects

  • Article 227
  • Writ petition
  • Civil suit
  • Expeditious disposal
  • Jurisdiction of High Court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6321 of 2026

                                    Gita Devi
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Smt. Kesh Kunwar
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Sushil Kumar
                                    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 (Senior Division) Jalaun at Orai to
                                    decide the Original Suit No. 425 of 2022 (Mahendra Pratap Singh Vs. Smt.
                                    Kesh Kunwar), 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 Learned Civil Judge (Senior Division) Jalaun at Orai to decide the
                                     Original Suit No. 425 of 2022 (Mahendra Pratap Singh Vs. Smt. Kesh
                                    Kunwar), 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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