Allahabad High Court
SUSHILAversusRAJESH AND 6 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge to decide the pending suit expeditiously, ensuring due process.
Summary
The petitioner, Sushila, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Awar Khand) in Haveli, Azamgarh to decide Original Suit No. 910 of 2019 against Rajesh and others within a stipulated time. The petitioner’s counsel urged expeditious disposal of the pending suit. The Court observed that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the High Court disposed of the writ petition, directing the lower court to decide the suit expeditiously, ensure service of notice to all respondents, and provide a reasonable opportunity to lead evidence, subject to no other legal impediment. The order was passed on May 6, 2026.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending suit expeditiously.
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- expeditious disposal
- civil suit
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6342 of 2026
Sushila
.....Petitioner(s)
Versus
Rajesh And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dr.Om Prakash Yadav
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 Civil Judge (Awar Khand) Haveli, Azamgarh to decide the
Original Suit No. 910 of 2019, Sushila Vs. Rajesh and others, 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 (Awar Khand) Haveli, Azamgarh to decide the Original
Suit No. 910 of 2019, Sushila Vs. Rajesh and others, 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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