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Allahabad High Court

VINODversusBISHAN KUMAR (DECEASED) AND 3 OTHERS

Decided

Holding

The High Court, exercising its supervisory jurisdiction under Article 227, disposed of the writ petition by directing the trial court to decide the pending suit expeditiously.

Summary

Vinod filed a writ petition under Article 227 seeking a direction for the Civil Judge‑I, Bulandshahr, to decide original suit No. 489 of 2016 (Vinod v. Bishan Kumar) expeditiously. The petitioner argued that the pending suit required prompt adjudication and that the writ petition should compel the trial court to act within a stipulated time. The Court observed that the suit was already pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the High Court disposed of the writ petition, directing the trial court to decide the suit promptly, after serving notice to all respondents and affording them a hearing and opportunity to lead evidence. The order emphasized compliance with law and the absence of any other legal impediment.

Issues considered

  • Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate trial court to decide a pending civil suit expeditiously.
  • Whether the writ petition is maintainable for the purpose of obtaining such a direction.

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious trial
  • supervisory jurisdiction
  • High Court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 6816 of 2026

                                    Vinod
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Bishan Kumar (Deceased) And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Sandeep Kumar Srivastava
                                    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 direct the Trial Court to decide original suit No. 489 of 2016
                                    (Vinod Vs. Bishan Kumar) pending before the Court of Civil Judge- I (J.D.)
                                    Bulandshahr, 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 Trial Court to decide original suit No. 489 of 2016 (Vinod Vs. Bishan
                                    Kumar) pending before the Court of Civil Judge- I (J.D.) Bulandshahr,, in
                                    accordance with law, expeditiously, 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 18, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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