Allahabad High Court
DAYA SHANKAR DUBEYversusKRISHNA MOHAN TIWARI AND 8 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court disposed of the writ petition, directing the Civil Judge (Junior Division) Court No.10, Deoria to decide the pending suit expeditiously, ensuring notice and hearing.
Summary
Petitioner Daya Shankar Dubey filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Court No.10, Deoria to decide the pending civil suit (Case No. 78 of 2020) against him within the stipulated time. The petitioner argued that the lower court had delayed the suit and requested expeditious disposal. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. 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 a reasonable opportunity for hearing and evidence. No other legal impediments were identified.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower civil court to decide a pending suit expeditiously
- Whether the writ petition should be dismissed with a direction to the lower court
Subjects
- Article 227
- writ petition
- civil suit
- supervisory jurisdiction
- expeditious disposal
- notice
- hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6871 of 2026
Daya Shankar Dubey
.....Petitioner(s)
Versus
Krishna Mohan Tiwari And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mishra Vikas Kumar Prabhunath
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 Court of Civil Judge (Junior Division) Court No.10, Deoria,
to decide the Case No. 78 of 2020 (Krishan Mohan Tiwari Vs. Daya Shankar
Dubey & Others), 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 Court of Civil Judge (Junior Division) Court No.10, Deoria, to decide
the Case No. 78 of 2020 (Krishan Mohan Tiwari Vs. Daya Shankar Dubey
& 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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