Dismissed

M/S Seven Heaven Construction Pvt. Ltd. and Another v. Up Power Corporation Ltd. and 4 Others

Allahabad HC16 Oct 2024A227/12479/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the petitioner sought a direction to the subordinate civil court to decide a pending suit within three months. Relied upon the Division Bench judgment in Ali Shad Usmani, the single judge declined to grant such relief, holding that it is inappropriate to entertain writ petitions solely for expediting suit hearings.

What did the court decide?

The prayer for issuing a direction for expeditious disposal of the suit was rejected.

M/S Seven Heaven Construction Pvt. Ltd. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:178025

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 12479 of 2024

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Petitioner :- M/S Seven Heaven Construction Pvt Ltd And Another

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Respondent :- Up Power Corporation Ltd. And 4 Others Counsel for Petitioner :- Abhinav Gaur,Sr. Advocate,Vibhu Rai Counsel for Respondent :- Alok Mishra

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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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"Issue an appropriate order or direction to direct the learned Civil Judge (Senior Division), Aligarh to expeditiously decide Original Suit No.1769 of 2010 (M/s Seven Heaven Construction Pvt. Ltd. and another Vs. U.P. Power Corporation and others) within such time frame as may be fixed by this Hon'ble Court preferably within the period of 3 months from the date of the order."

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From the perusal of the record, it transpires that the prayer has been made for early disposal of Original Suit No.1769 of 2010 pending in the court of Civil Judge (Senior Division), Aligarh.

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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), DistrictAzamgarh. 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

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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

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of Ali Shad Usmani (supra), this Court declines to grant the relief as prayed for.

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The writ petitions is dismissed .

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Order Date :- 13.11.2024 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

M/S Seven Heaven Construction Pvt. Ltd. and Another v. Up Power Corporation Ltd. and 4 Others

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M/S Seven Heaven Construction Pvt. Ltd. and Another v. Up Power Corporation Ltd. and 4 Others

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