Allahabad High Court
RAMESH CHANDRAversusSMT. SHIVKANTI AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge Senior Division, District Kanpur Nagar to decide the pending suit expeditiously, as the writ petition served no further purpose.
Summary
The petitioner, Ramesh Chandra, filed a writ petition under Article 227 seeking a direction to the Civil Judge Senior Division, District Kanpur Nagar, to decide Original Suit No. 2274/2013 (Shivkanti & others v. Rameshchandra & others) expeditiously. The petition claimed that the suit was pending and required prompt adjudication. The Court noted that issuing notices to respondents was unnecessary and that the writ petition had become redundant while the suit remained pending. Consequently, the High Court disposed of the writ petition, directing the civil court to decide the suit without unnecessary adjournments, subject to any legal impediment. The order effectively closed the writ petition and placed the onus on the lower court to expedite the pending suit.
Issues considered
- Whether the High Court should issue a direction to the subordinate civil court to decide the pending original suit expeditiously under its supervisory jurisdiction under Article 227
Subjects
- Writ petition
- Article 227
- Civil suit
- Expeditious disposal
- Supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6359 of 2026
Ramesh Chandra
.....Petitioner(s)
Versus
Smt. Shivkanti And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Srivastava, Rishabh
Kumar Sriwastav
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 Senior Division, District Kanpur Någar to decide the
Original Suit no. 2274/2013 Smt. Shivkanti and others Vs. Rameshchandra
and others pending before the Civil Judge Senior Division, District Kanpur
Nagar.
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 Senior Division, District Kanpur Någar to decide the
Original Suit no. 2274/2013 Smt. Shivkanti and others Vs. Rameshchandra
and others, 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
Checking your session…