Allahabad High Court
SMT JAY DEVI SHUKLAversusBASANT KUMAR MISHRA AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may direct the subordinate civil court to decide the pending suit expeditiously, provided no other legal impediment exists.
Summary
The petitioner, Smt. Jay Devi Shukla, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Jaunpur to decide the original suit No. 961/2013 against Basant Kumar Mishra and others within a stipulated time. The petition alleged that the lower court had unduly delayed the suit and requested the High Court to intervene for expeditious disposal. The Court observed that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the High Court disposed of the writ petition while issuing a directive to the Civil Judge to decide the suit promptly, ensuring service of notice and opportunity of hearing to all parties. The direction was conditioned on the absence of any other legal impediment. The order was pronounced on May 7, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending suit within a stipulated time.
Subjects
- Article 227
- Writ petition
- Civil suit
- Expeditious disposal
- Direction to lower court
- Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6386 of 2026
Smt Jay Devi Shukla
.....Petitioner(s)
Versus
Basant Kumar Mishra And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nilesh Kumar Dubey, Shashi Shekhar
Maurya
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 Civil Judge, (Senior Division) Ist, Jaunpur District- Jaunpur
to decide the original suit No.961/2013 (Jay Devi Shukla V/S Basant Kumar
Mishra & 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 Civil Judge, (Senior Division) Ist, Jaunpur District- Jaunpur to decide
the original suit No.961/2013 (Jay Devi Shukla V/S Basant Kumar Mishra &
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.
May 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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