Allahabad High Court
MOOL CHANDRA PATELversusSANJAY SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is disposed with a direction to the Civil Judge to decide the pending suit expeditiously, subject to procedural safeguards.
Summary
The petitioner, Mool Chandra Patel, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Sharki, Prayagraj, to decide and conclude the pending Original Suit No. 571 of 2021 against Sanjay Singh within the stipulated time. The petitioner argued that the suit’s pendency served no useful purpose and requested an expeditious disposal. The Court noted that the suit was still pending and that keeping the writ petition alive would be futile. Consequently, the Court disposed of the writ petition and issued a direction to the lower court to decide the suit expeditiously, ensuring service of notice and opportunity of hearing to all parties. The direction is subject to the absence of any other legal impediment. The order was pronounced on 18 May 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a subordinate civil court to decide a pending suit expeditiously
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- expeditious disposal
- Civil Suit
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6839 of 2026
Mool Chandra Patel
.....Petitioner(s)
Versus
Sanjay Singh
.....Respondent(s)
Counsel for Petitioner(s) : Shiv Lal
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 Civil Judge (Junior Division) Sharki, Prayagraj to decide and
conclude the proceedings of the Original Suit No. 571 of 2021, Mool
Chandra Patel Vs.Sanjay Singh, 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 Civil Judge (Junior Division) Sharki, Prayagraj to decide and conclude
the proceedings of the Original Suit No. 571 of 2021, Mool Chandra Patel
Vs.Sanjay Singh, in accordance with law, expeditiously as per roster, 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
Checking your session…