Allahabad High Court
GITA DEVIversusSMT. KESH KUNWAR
- Decided
- Bench
- VIKAS BUDHWAR
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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