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Allahabad High Court

CHANDRIKA YADAVversusSMT. SUSHILA YADAV AND ANOTHER

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge to decide the original suit expeditiously, without granting unnecessary adjournments.

Summary

The petitioner, Chandrika Yadav, filed a writ petition under Article 227 seeking a direction to the Civil Judge of Avar Khnad Havali, Azamgarh, to decide her original suit (No.1272 of 2020) against Sushila Yadav within a fixed time. The petition sought an expeditious disposal of the pending suit. The Court observed that keeping the writ petition pending served no useful purpose while the original suit remained unresolved. Consequently, the Court disposed of the writ petition and issued a directive to the lower court to decide the suit promptly, without unnecessary adjournments, subject to any legal impediment. The order effectively closes the writ petition while ensuring the original suit proceeds expeditiously.

Issues considered

  • Whether the High Court should issue a direction to the lower civil court to decide the pending suit expeditiously under its supervisory jurisdiction under Article 227.

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • civil suit
  • direction to lower court
  • supervisory jurisdiction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6327 of 2026

                                    Chandrika Yadav
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    Smt. Sushila Yadav And Another
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Nidhi Singh, Shashi Shankar Shukla
                                    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 Avar Khnad Havali, Azamgarh to decide the Original Suit
                                    No.1272 of 2020 (Chandrika Yadav vs. Sushila Yadav), 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 Avar Khnad Havali, Azamgarh to decide the Original Suit
                                    No.1272 of 2020 (Chandrika Yadav vs. Sushila Yadav), 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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