The High Court dismissed a writ petition filed under Article 227 seeking a direction to the Civil Judge to decide a pending civil suit within a stipulated period. The Court relied on a Division Bench precedent holding that such directions cannot be routinely issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:176420
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 13105 of 2024
Petitioner :- Abdul Hameed Since Deceased And 4 Others Respondent :- Smt. Fatma And Another Counsel for Petitioner :- Mohammad Khalid
Hon'ble Rohit Ranjan Agarwal,J.
"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.
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."
of Ali Shad Usmani (supra), this Court declines to grant the relief as prayed for.
Order Date :- 11.11.2024 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can issue direction to subordinate court to decide the civil suit within stipulated period under Article 227.
Whether this writ petition under Article 227 seeking direction for expediting hearing of suit should be entertained.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)Explained¶7
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
Abdul Hameed Since Deceased And 4 Others
Smt. Fatma And Another
Rohit Ranjan Agarwal
S K Goswami
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
