Dismissed

Mohd Rizwan Khan and Another v. Smt Anwari and 4 Others

Allahabad HC16 Oct 2024A227/12510/2024

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought direction to expedite a civil suit and to restrain interference with property possession. The Court declined the request for expediting the suit relying on a binding Division Bench precedent that prohibits such directions to avoid creating class among litigants, dismissing the petition instead.

What did the court decide?

The petition for expediting the suit and restraining interference was dismissed. No order as to cost.

Mohd Rizwan Khan and Another vs Smt Anwari and 4 Others — Landlord and Tenant | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:173432

¶2

Court No. - 9

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 12510 of 2024

¶4

Petitioner :- Mohd Rizwan Khan And Another Respondent :- Smt Anwari And 4 Others Counsel for Petitioner :- Irfan Raza Khan

¶5

Hon'ble Rohit Ranjan Agarwal,J.

¶6

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

¶7

"(i) To exercise it powers of superintendence as enshrined under Article 227 of the constitution of India to direct the Civil Judge (Senior Division), Court no.2, Aligarh to direct the Court to record the evidence of the parties without giving unnecessary adjournment in this case;

¶8

(ii.) To exercise it powers of superintendence as enshrined under Article 227 of the constitution of India to restrain the defendant/respondent from interfering in user and peaceful possession of the petitioners over the property in dispute and to maintain the status quo in respect of same;"

¶9

Learned counsel for the petitioners submits that a direction may be issued to the Court below for expediting the suit filed by the plaintiff-petitioner.

¶10

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 expediting the suit as it creates class amongst the litigants. Relevant portion of the judgment is extracted hereasunder:-

¶11

"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 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.

¶12

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

¶13

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.

¶14

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

¶15

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

¶16

The writ petitions is dismissed .

¶17

Order Date :- 6.11.2024 SK Goswami

¶18

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Mohd Rizwan Khan and Another v. Smt Anwari and 4 Others

Case brief

What is this about?

What did the court decide?

Mohd Rizwan Khan and Another v. Smt Anwari and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ramchander Deceased and 3 Others vs Punvasi Bind and 28 Others

Ajai Kumar and 4 Others vs Harendra and Another

Hazarat Maulana Ahmad Ali Society vs Nagar Palika Parishad Devband and 17 Others

Anand Kumar Sinha vs Ramendra Kumar Sinha and Another

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

Shri Surendra Verma and 4 Others vs Ramanand Verma and 4 Others