Allahabad High Court
UDAY SINGHversusKRISHAN KUMAR SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court directed the Civil Judge to decide the pending suit expeditiously and disposed of the writ petition.
Summary
The petitioner, Uday Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (C.D.) Mirzapur to decide Original Suit No. 166 of 2015 expeditiously, alleging that delay would cause irreparable loss. The petition sought a mandatory time‑frame for the lower court's decision. The High Court observed that the suit is already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition while directing the Civil Judge to decide the suit promptly, without unnecessary adjournments, subject to any legal impediment. No notice was issued to the respondent.
Issues considered
- Whether a writ petition under Article 227 can be entertained to compel a lower court to decide a pending civil suit within a stipulated period.
Subjects
- Article 227
- writ jurisdiction
- expeditious disposal
- civil suit
- original jurisdiction
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6361 of 2026
Uday Singh
.....Petitioner(s)
Versus
Krishan Kumar Singh
.....Respondent(s)
Counsel for Petitioner(s) : Neha Pal, Sanjay Kumar Pal
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 (C.D.) Mirzapur to decide the Original Suit (O.S.) No. 166 of
2015 (Uday Singh Vs Krishna Kumar) pending before the court of Learned
Civil Judge (C.D.) Mirzapur, within a stipulated period or fixed time which
Hon'ble Court deem fit and proper, otherwise the applicant/petitioner shall
suffer irreparable loss and injury.
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 (C.D.) Mirzapur to decide the Original Suit (O.S.) No. 166
of 2015 (Uday Singh Vs Krishna Kumar), 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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