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Allahabad High Court

SARITA SINGHversusDURGAWATI DEVI (SINCE DECEASED) AND 4 OTHERS

Decided

Holding

The writ petition is disposed of, with a direction to the Additional Civil Judge to expedite the pending suit without unnecessary adjournments.

Summary

The petitioner, Sarita Singh, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division) of Varanasi to expedite the pending Suit No. 630 of 2020, which has been in litigation since the year 2000. The petitioner argued that the suit required an expeditious decision. The Court observed that, given the suit's pendency, the writ petition no longer served any useful purpose. Consequently, the Court disposed of the petition while directing the lower court to decide the suit promptly, without unnecessary adjournments, subject to any legal impediments. The order was passed without issuing notices to the respondents.

Issues considered

  • What is the appropriate exercise of the High Court's supervisory jurisdiction under Article 227 in directing a lower court to expedite a pending civil suit?
  • Should the writ petition be entertained when the underlying suit remains pending for an extended period?

Subjects

  • Article 227
  • writ petition
  • civil suit
  • expeditious disposal
  • adjournment
  • judicial supervision
  • High Court direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6829 of 2026

                                    Sarita Singh
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Durgawati Devi (Since Deceased) And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Pramod Kumar Srivastava, Tarkeshwari
                                                                       Prasad
                                    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 Addl Civil Judge [Junior Division] Court No.4, District Varanasi to
                                    expedite/decide the Suit No.630 of 2020, Sarita Singh Versus Durgawati
                                    Devi and others, pending since year 2000.

                                    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 Addl Civil Judge [Junior Division] Court No.4, District Varanasi to
                                    expedite/decide the Suit No.630 of 2020, Sarita Singh Versus Durgawati
                                    Devi and others, expeditiously, strictly in accordance with law, without
                                    granting any unnecessary adjournments, subject to legal impediment.

                                    May 18, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




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

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