Petitioner sought a direction to the Civil Judge, Mirzapur for early disposal of his pending suit. Relying on Ali Shad Usmani, the Court held such directions cannot ordinarily be issued and dismissed the writ petition.
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Neutral Citation No. - 2024:AHC:178758
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 12817 of 2024
Petitioner :- Shayambahadur Singh Respondent :- Smt Mahima Devi Counsel for Petitioner :- Abhishek Tiwari,Rohit Singh,Sandeep Kumar
Hon'ble Rohit Ranjan Agarwal,J.
"A. Issue order or direction directing the Civil Judge, Senior Division, Mirzapur to decide the Original Suit bearing Case No. 198 of 2018 (Shayam Bahadur Vs. Mahima Devi) pending in Court of Civil Judge, Senior Division, Mirzapur, expeditiously preferably within stipulated period."
"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.
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.
For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."
Order Date :- 14.11.2024 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition under Article 227 can be used to direct expeditious disposal of a pending civil suit.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaRelied on¶3
2015 (2) ADJ 250 (DB)
2 provisions across 1 enactments
Shayambahadur Singh
Smt Mahima Devi
Rohit Ranjan Agarwal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
