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Allahabad High Court

RAJ KISHORversusRAM RAKSHA SINGH AND ANOTHER

Decided

Holding

The High Court disposed of the writ petition and directed the Civil Judge (S.D.) to decide the suit expeditiously, preferably within eight months.

Summary

The petitioner, Raj Kishor, filed a writ petition under Article 227 seeking a direction to the Civil Judge (S.D.) of Gorakhpur to decide Original Suit No.1166 of 2024 within a stipulated period. The petition solely requested an expeditious disposal of the pending suit. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the High Court disposed of the writ petition and issued a direction to the civil judge to decide the suit preferably within eight months, without unnecessary adjournments, subject to any legal impediment. The petition was thus dismissed with the specified directive.

Issues considered

  • Whether a High Court can direct a subordinate civil court to decide a pending suit within a fixed time frame under its supervisory jurisdiction under Article 227.

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6364 of 2026

                                    Raj Kishor
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Ram Raksha Singh And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Anand Yadav, Mukesh 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 (S.D.), Gorakhpur to decide the Original Suit No.1166 of
                                    2024 (Raj Kishor Singh Versus Ram Raksha Singh and another) pending
                                    before Civil Judge (S.D.), Gorakhpur within stipulated period as fixed 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 (S.D.), Gorakhpur to decide the Original Suit No.1166 of
                                    2024 (Raj Kishor Singh Versus Ram Raksha Singh and another),
                                    expeditiously, preferably within eight months, 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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