Allahabad High Court
DEENA NATHversusKRIPA SHANKAR AND 5 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court may direct the lower civil court to decide the pending suit expeditiously, subject to legal impediments.
Summary
The petitioner, Deena Nath, filed a writ petition under Article 227 seeking a direction to the IInd Additional Civil Judge (J.D.) at Kashya, Kushi Nagar to decide Suit No. 1231 of 2009 (Jagannath et al. v. Kripa Shankar et al.) within a stipulated period. The petition solely asked for an expeditious disposal of the pending civil suit. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower judge to decide the suit promptly, without unnecessary adjournments, subject to any legal impediment. No notices were issued to the respondents, and the petition was dismissed with the specified direction.
Issues considered
- Whether the High Court can issue a direction under Article 227 to a lower civil court to decide a pending suit within a stipulated period.
Subjects
- Article 227
- writ petition
- civil suit
- expeditious disposal
- direction to lower court
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6413 of 2026
Deena Nath
.....Petitioner(s)
Versus
Kripa Shankar And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Datta Tiwari, Supriya Pandey
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 IInd Additional Civil Judge (J.D.) Kashya Kushi Nagar direct the IInd
Additional Civil Judge (J.D.) Kashya Kushi Nagar to decide the Suit No.
1231 of 2009 (Jagannath and others versus Kripa Shankar and others)
situated village Pakadiyar Poorab Patti Tappa Dhuriya Vijaypur Pargana
Didhua Jobba Tehsil Tamkuhiraj District Kushi Nagar within stipulated
period as 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 IInd Additional Civil Judge (J.D.) Kashya Kushi Nagar direct the IInd
Additional Civil Judge (J.D.) Kashya Kushi Nagar to decide the Suit No.
1231 of 2009 (Jagannath and others versus Kripa Shankar 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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