Created by Fuzzy Cloud

Allahabad High Court

TRIBHUWAN SINGHversusSRI ASHISH KUMAR AND ANOTHER

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge to decide the original suit expeditiously, ensuring due process.

Summary

The petitioner, Tribhuwan Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Bidhuna, District Auraiya, to decide his original suit No. 91 of 2022 against Ashish Kumar and another within the stipulated time. The petitioner argued that the suit was pending and required expeditious disposal. The Court noted that keeping the writ petition pending would serve no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the original suit expeditiously, ensuring service of notice and opportunity of hearing to all parties, subject to no other legal impediment. The order effectively dismisses the writ petition while mandating prompt adjudication of the underlying suit.

Issues considered

  • What relief, if any, can be granted by a High Court under Article 227 to direct a subordinate civil judge to expedite a pending suit?

Subjects

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

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6389 of 2026

                                    Tribhuwan Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Sri Ashish Kumar And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Ram Krishna Yadav
                                    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 Civil Judge (Junior Division) Bidhuna, District-
                                    Auraiya to decide the Original Suit No.-91 of 2022 (Tribhuwan Singh Vs.
                                    Ashish Kumar and Another) 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 Civil Judge (Junior Division) Bidhuna, District- Auraiya to
                                    decide the Original Suit No.-91 of 2022 (Tribhuwan Singh Vs. Ashish
                                    Kumar and Another), in accordance with law, expeditiously as per roster,
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.