Dismissed

Sharda Prasad v. Mahendra Gupta

Allahabad HC30 Nov 2021A227/5469/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the petitioner sought a direction to the Prescribed Authority/Civil Judge at Jaunpur to decide a pending Post-Appeal case (P.A. Case No. 5 of 2019) within a stipulated period. Relying on the Division Bench judgment of Ali Shad Usmani vs. Ali Isteba, which holds that the High Court cannot direct subordinate courts to decide suits within specified periods as

What did the court decide?

The prayer for early disposal of P.A. Case No. 5 of 2019 within a stipulated period was declined and the writ petition was dismissed.

Sharda Prasad Vs Mahendra Gupta — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 5469 of 2021

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Petitioner :- Sharda Prasad Respondent :- Mahendra Gupta Counsel for Petitioner :- Anjali Singh

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed with the following prayer:-

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"(i) To exercise it powers of superintendence as enshrined under Article 227 of the Constitution of India to direct the Prescribed Authority/Civil Judge (Senior Division), Shahganj, Jaunpur to decide the P.A. Case No. 5 of 2019 (Sharda Prasad vs. Mahendra Gupta) pending in the court of Prescribed Authority/Civil Judge (Senior Division), Jaunpur within a stipulated period"

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From the perusal of the record, it transpires that the prayer has been made for early disposal of P.A. Case No. 5 of 2019 (Sharda Prasad vs. Mahendra Gupta) pending in the court of Prescribed Authority/Civil Judge (Senior Division), Jaunpur.

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The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereasunder:-

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"We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), District-Azamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the court in a separate and preferential category whereas other cases which may be of similar or greater antiquity and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High court and would not, therefore, be in a position to have the benefit of such an order.

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Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a particular disablilty socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.

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For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."

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In view of the Division Bench judgment of this Court in the case of Ali Shad Usmani (supra) , this Court declines to grant the relief as prayed for.

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The writ petition is dismissed.

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Order Date :- 30.11.2021 Shekhar

Sharda Prasad v. Mahendra Gupta

Case brief

What is this about?

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Sharda Prasad v. Mahendra Gupta

Case brief

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