Allahabad High Court
SMT SHAIL KUMARIversusSMT. SARASWATI DEVI (DECEASED) AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Civil Judge to expedite the pending case without unnecessary adjournments.
Summary
Smt Shail Kumari filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) of District Mirzapur to expedite the pending civil suit numbered 839/2014. The petition alleged that the suit was being unduly delayed and requested the High Court to intervene. The Court observed that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Relying on its supervisory jurisdiction, the Court decided to dispose of the writ petition while issuing a directive to the subordinate judge to decide the case expeditiously, without unnecessary adjournments, subject to any legal impediment. No notice was issued to the respondents, and the petition was dismissed with the said direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to expedite a pending suit.
- Whether the writ petition should be dismissed as it serves no further purpose.
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- expeditious disposal
- civil suit
- adjournments
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6374 of 2026
Smt Shail Kumari
.....Petitioner(s)
Versus
Smt. Saraswati Devi (Deceased) And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Singh, Gyanendra Pratap
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 (J.D.) District Mirzapur to expedite the Case no. 839/2014
within set time schedule.
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 (J.D.) District Mirzapur to expedite the Case no. 839/2014
, 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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