Allahabad High Court
RAM EKAM AND ANOTHERversusRAJ KISHOR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the subordinate civil judge to decide the pending suit expeditiously, ensuring due process.
Summary
The petitioners, Ram Ekam and another, filed a writ petition under Article 227 seeking a direction to the learned Civil Judge (S.D.) of Court No.10, Deoria, to decide Original Suit No. 1282 of 2017 against Raj Kishor within a stipulated time. The petition alleged that the suit was pending without any progress and requested the High Court to intervene for expeditious disposal. The Court noted that the suit remained pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, subject to the absence of any other legal impediment. The order was passed on May 18, 2026, by Justice Vikas Budhwar.
Issues considered
- Whether the High Court can issue a writ directing a subordinate civil court to decide a pending suit expeditiously under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- Writ petition
- Supervisory jurisdiction
- Expeditious disposal
- Civil suit
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6830 of 2026
Ram Ekam And Another
.....Petitioner(s)
Versus
Raj Kishor
.....Respondent(s)
Counsel for Petitioner(s) : Amresh Tripathi
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 the learned Civil Judge (S.D.), Court No.10, Deoria, to decide
the Original Suit No. 1282 of 2017 (Ram Ekam and another Vs. Raj Kishor),
pending before it 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 learned Civil Judge (S.D.), Court No.10, Deoria, to decide the Original
Suit No. 1282 of 2017 (Ram Ekam and another Vs. Raj Kishor), 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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