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Allahabad High Court

HARDEOversusKHALIL AND 4 OTHERS

Decided

Holding

The High Court may issue a direction to the subordinate civil judge to decide the pending suit expeditiously under its supervisory jurisdiction under Article 227.

Summary

The petitioner, Hardeo, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Kasya Kushinagar to decide the pending suit No. 69/2014 against Khalil and others within a stipulated period. The petitioner’s counsel, Omkar Nath Rai, argued that the suit needed to be decided expeditiously. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the subordinate judge to decide the suit promptly, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents, and the order was signed by Justice Vikas Budhwar.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to decide a pending suit within a stipulated time?

Subjects

  • Article 227
  • writ petition
  • case management
  • civil procedure
  • expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6407 of 2026

                                    Hardeo
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Khalil And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Omkar Nath Rai
                                    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 (Junior Division) Kasya Kushinagar, to consider and decide
                                    the Case No. 69/2014 (Hardeo Versus Khalil and others) within stipulated
                                    period so fixed 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) Kasya Kushinagar, to consider and
                                    decide the Case No. 69/2014 (Hardeo Versus Khalil and others),
                                    expeditiously, strictly in accordance with law, without granting any
                                    unnecessary adjournments, subject to legal impediment.

                                    May 7, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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