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Allahabad High Court

SMT JAGANI DEVI AND 6 OTHERSversusHARI SINGH YADAV AND 17 OTHERS

Decided

Holding

The High Court disposed of the writ petition, directing the subordinate civil court to decide the pending suit expeditiously, subject to procedural safeguards.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court‑4, Ghazipur, to decide Original Suit No.335 of 2002 (Smt. Jagani Devi and others v. Hari Singh Yadav and others) within a reasonable time. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition and ordered the lower court to decide the suit expeditiously, ensuring service of notice to all respondents, opportunity of hearing, and limiting adjournments to exceptional circumstances not exceeding 15 days at a stretch. The direction is subject to the condition that no other legal impediment exists. The order was pronounced on 6 May 2026 by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court, under its supervisory jurisdiction under Article 227, can issue a direction to a subordinate civil court to decide a pending suit expeditiously.
  • Whether a writ petition seeking such a direction is maintainable.

Subjects

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6344 of 2026

                                    Smt Jagani Devi And 6 Others
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    Hari Singh Yadav And 17 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Avinash Singh
                                    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 Additional Civil Judge (Jr. Div.), Court-4,
                                    Ghazipur to decide the Original Suit No.335 of 2002 (Smt. Jagani Devi
                                    (Since Deceased) and others Vs. Hari Singh Yadav (Since Deceased) 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 Learned Additional Civil Judge (Jr. Div.), Court-4,
                                    Ghazipur to decide the Original Suit No.335 of 2002 (Smt. Jagani Devi
                                    (Since Deceased) and others Vs. Hari Singh Yadav (Since Deceased) 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, without granting unnecessary adjournments, if adjournment
                                    has been sought then on exceptional circumstances, it should not be
                                    beyond 15 days at a stretch.
                                    May 6, 2026
                                    Ashu
                                                                                            (Vikas Budhwar,J.)




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

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