Allahabad High Court
SMT CHANDRAWATIversusGOPAL AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the lower court to decide the original suit expeditiously, ensuring due process.
Summary
Petitioner Smt Chandrawati filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge, Senior Division Court No.2, Bareilly, to decide her original suit (No. 180 of 2014) against Gopal and five others within a stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The Court noted that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower court to decide the original suit promptly, ensure service of notice to all respondents, provide a hearing, and avoid unnecessary adjournments, subject to no other legal impediment. The order was pronounced on May 7, 2026.
Issues considered
- Whether the High Court can issue a writ directing the lower court to decide a pending civil suit expeditiously under Article 227.
Subjects
- Article 227
- writ petition
- expeditious disposal
- civil suit
- direction to lower court
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6383 of 2026
Smt Chandrawati
.....Petitioner(s)
Versus
Gopal And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravindra Pal Singh Kashyap, Sanjay
Kumar Asthana
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 for a writ, order or
direction to the Learned Court of Additional (Civil Judge) Senior Division
Court No. 2, Bareilly to decide the Original Suit No. 180 of 2014
(Chandrawati Versus Gopal and 5 Others), pending before it within
stipulated time, as may deem fit and proper 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 Learned Court of Additional (Civil Judge) Senior Division Court No.
2, Bareilly to decide the Original Suit No. 180 of 2014 (Chandrawati Versus
Gopal and 5 Others), in accordance with law, expeditiously, after ensuring
service of notice upon all the respondents and providing opportunity of
hearing to all the concerned parties as well as giving a reasonable
opportunity of leading evidence in respect of their case, provided there is no
other legal impediment, without granting unnecessary adjournments.
May 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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