Allahabad High Court
SMT. ABHA SRIVASTAVAversusASHOK KUMAR SHARMA AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (Junior Division), City Court No.4, Varanasi to dispose of Application 39 (Rule 1,2) in Original Suit No. 3380 of 2023 within eight months, thereby exercising its supervisory jurisdiction under Article 227.
Summary
Smt. Abha Srivastava filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Junior Division), City Court No.4, Varanasi, to expedite the disposal of Application 39 (Rule 1,2) in Original Suit No. 3380 of 2023 pending before that court. The petitioner argued that the pending application was causing undue delay and that the High Court could intervene to ensure speedy justice. The Court noted that the suit was still pending and that issuing notices to the respondents would not serve any useful purpose. Consequently, the High Court disposed of the writ petition, directing the lower court to dispose of the application expeditiously within eight months of receiving the certified copy of the order, without unnecessary adjournments. The order also stipulated that no notices would be issued to the respondents. The petition was therefore dismissed with the specific direction to the lower court.
Issues considered
- Whether the High Court, under Article 227, can issue a direction to a subordinate civil court to expedite the disposal of an application pending in a suit.
- Whether a specific time‑frame for disposal can be imposed by the High Court.
Subjects
- Article 227
- writ petition
- expeditious disposal
- civil procedure
- supervisory jurisdiction
- original suit
- application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6404 of 2026
Smt. Abha Srivastava
.....Petitioner(s)
Versus
Ashok Kumar Sharma And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Tiwari
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 Court of Civil Judge (Junior Division) City Court No.4,
Varanasi to expedite the disposal of Application 39 Rule 1,2 in Original Suit
No. 3380 of 2023 (Smt. Abha Srivastava Vs. Ashok Kumar Sharma and
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 (Junior Division) City Court No.4, Varanasi to expedite
the disposal of Application 39 Rule 1,2 in Original Suit No. 3380 of 2023
(Smt. Abha Srivastava Vs. Ashok Kumar Sharma and others), in accordance
with law, expeditiously, within a period of eight months from the date of
presentation of the certified copy of the order without granting unnecessary
adjournments subject to 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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