Allahabad High Court
SURESH KUMARversusPHOOL SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Junior Division), Kanpur Dehat to adjudicate the pending suit expeditiously, without unnecessary adjournments, subject to legal impediments.
Summary
The petitioner, Suresh Kumar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Kanpur Dehat, to decide the pending Original Suit No.383 of 2016 against Phool Singh without any adjournments and within a specified period. The petitioner’s counsel, Uttam Singh, argued that the suit needed to be expedited. The High Court observed that since the original suit was already pending, the writ petition had no further purpose unless the suit was ordered to be decided promptly. Consequently, the Court disposed of the writ petition, directing the Civil Judge to adjudicate the suit expeditiously, strictly in accordance with law, and without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondent, and the order was signed on May 6, 2026.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending suit expeditiously and without adjournments.
Subjects
- Article 227
- writ petition
- civil procedure
- adjournment
- expeditious trial
- judicial supervision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6357 of 2026
Suresh Kumar
.....Petitioner(s)
Versus
Phool Singh
.....Respondent(s)
Counsel for Petitioner(s) : Uttam 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 is for a direction to
the Civil Judge (Junior Division), Kanpur Dehat to adjudicate and decide the
Original Suit No.383 of 2016 (Suresh Kumar Vs. Phool Singh) pending
before Civil Judge (Junior Division) Kanpur Dehat itself; without granting
any adjournment, expeditiously within specified period of time in
accordance with law.
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 (Junior Division), Kanpur Dehat to adjudicate and decide
the Original Suit No.383 of 2016 (Suresh Kumar Vs. Phool Singh),
expeditiously, strictly in accordance with law, without granting any
unnecessary adjournments, subject to legal impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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