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Allahabad High Court

PUSHPA RAIversusGIRISH CHANDRA RAI AND 4 OTHERS

Decided

Holding

The High Court may direct a subordinate court to decide a pending suit expeditiously and dispose of the writ petition.

Summary

Pushpa Rai filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Azamgarh to decide Original Suit No. 1031 of 2016 (Girish Chandra Rai v. Laxmi Kant Rai & others) within a specified period. The petitioner argued that the suit had been pending for a long time and required expeditious disposal. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition and issued a direction to the lower court to decide the suit expeditiously, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents.

Issues considered

  • Whether the High Court can, under Article 227, direct a subordinate court to decide a pending suit within a specified period?

Subjects

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

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6366 of 2026

                                    Pushpa Rai
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Girish Chandra Rai And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :    Shambhavi Nandan
                                    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) City, Azamgarh to decide the Original Suit
                                    no-1031 of 2016 Girish Chandra Rai versus Laxmi Kant Rai & other
                                    pending in the court of Civil Judge (Junior Division) City, Azamgarh within
                                    a specified period.

                                    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) City, Azamgarh to decide the Original
                                    Suit no-1031 of 2016 Girish Chandra Rai versus Laxmi Kant Rai & other,
                                    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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