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Allahabad High Court

DEENA NATHversusKRIPA SHANKAR AND 5 OTHERS

Decided

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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