Allahabad High Court
JWALA PRASAD CHAUDHARI AND ANOTHERversusSETH PRASAD
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition and directed the subordinate civil court to decide the pending suit expeditiously, ensuring notice and hearing to all parties.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction that the Civil Judge (Junior Division) West Ballia decide Suit No.6 of 2020 (Jwala Prasad v. Setu Prasad) within a stipulated time. The petition argued that the suit was pending and required expeditious disposal. The High Court noted that keeping the writ petition pending served no useful purpose while the suit remained unresolved. Consequently, the Court disposed of the writ petition, directing the lower court to decide the suit promptly, ensure service of notice to all respondents, and provide them an opportunity to be heard and lead evidence, subject to the absence of any other legal impediment. The order was signed on May 18, 2026.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a subordinate civil court to decide a pending suit expeditiously.
- Whether the High Court must order service of notice to all respondents and afford them a hearing before directing disposal of the suit.
Subjects
- Article 227
- writ petition
- supervisory jurisdiction
- civil suit
- expeditious disposal
- notice of parties
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6867 of 2026
Jwala Prasad Chaudhari And Another
.....Petitioner(s)
Versus
Seth Prasad
.....Respondent(s)
Counsel for Petitioner(s) : Kundan Kumar
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 decide the Suit no.6 of 2020 (Jwala Prasad Vs. Setu Prasad)
pending in the court of Civil Judge (Junior Division) West Ballia, 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 Suit no.6 of 2020 (Jwala Prasad Vs. Setu Prasad) pending in the court
of Civil Judge (Junior Division) West Ballia, 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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