Allahabad High Court
SHASHIKANT RAMADHAR PANDEYversusSMT DULRI DEVI AND 4 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of, with a direction to the Additional Civil Judge to decide the original suit expeditiously, ensuring due process.
Summary
The petitioner, Shashikant Ramadhar Pandey, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Senior Division), Court No.3, Varanasi, to consider and decide Original Suit No. 1538 of 2013 (Pandey v. Dulri Devi & others) within a stipulated time. The petitioner argued that the suit had been pending for an undue period and requested expeditious disposal. The Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Accordingly, the High Court disposed of the writ petition and directed the Additional Civil Judge to decide the original suit expeditiously, ensuring service of notice, hearing, and opportunity to lead evidence, subject to the absence of any legal impediment. The order was pronounced on May 18, 2026.
Issues considered
- What authority does the High Court have under Article 227 to direct a lower court to expedite a pending civil suit?
Subjects
- Article 227
- writ petition
- expeditious disposal
- civil suit
- jurisdiction
- High Court direction
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6860 of 2026
Shashikant Ramadhar Pandey
.....Petitioner(s)
Versus
Smt Dulri Devi And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashiyam Nasir, Shabeena Begum
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. On the oral request of the learned counsel for the plaintiff-petitioner,
she is permitted to correct the array of the parties during the course of the
day.
2. Heard.
3. In view of the order, which is being proposed to be passed today,
notices are not being issued to the respondents.
4. The solitary relief claimed in the present writ petition for a writ, order
or direction to the Additional Civil Judge (Senior Division), Court No.3,
Varanasi to consider and decide the Original Suit No. 1538 of 2013, (Ram
Adhar Pandey Vs. Smt. Dulri Devi and others), pending before it within
stipulated time, as may deem fit and proper by this Hon'ble Court.
5. Learned counsel prayed that the said suit may be decided,
expeditiously.
6. Since the above-mentioned case is pending, no useful purpose would
be served in keeping this petition pending.
7. In view of the above, this writ petition stands disposed of with a
direction to the Additional Civil Judge (Senior Division), Court No.3,
Varanasi to consider and decide the Original Suit No. 1538 of 2013, (Ram
Adhar Pandey Vs. Smt. Dulri Devi and others), 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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