Dismissed

Km. Laiqua and Another v. Mohd Qamar (Since Deceased) and 29 Others

Allahabad HC11 Nov 2024A227/13729/2024

Case brief

AI extract

What is this about?

The Court dismissed a writ petition under Article 227 seeking a direction for time-bound disposal of a civil suit, relying on the Division Bench judgment that such directions cannot be routinely issued by the High Court to subordinate courts.

What did the court decide?

The prayer for time-bound disposal of Suit No. 1329 of 2008 was denied. The writ petition was dismissed with 'no order as to cost'.

Km. Laiqua and Another vs Mohd Qamar (Since… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:176706

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 13729 of 2024

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Petitioner :- Km. Laiqua And Another Respondent :- Mohd Qamar (Since Deceased) And 29 Others

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Counsel for Petitioner :- Rakesh Kumar Srivastava,S.S. Sharma

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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) Pass an order to decide the Suit no.1329 of 2008 Mohammad Qamar and others versus Mohd. Iqwal and others pending in the court of Civil Judge, (Sr. Div) Allahabad in the time bound manner."

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From the perusal of the record, it transpires that the prayer has been made for early disposal of Suit No. 1329 of 2008 pending in the court of Civil Judge (Senior Division), Allahabad.

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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

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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 petitions is dismissed.

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Order Date :- 11.11.2024 V.S.Singh

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

Km. Laiqua and Another v. Mohd Qamar (Since Deceased) and 29 Others

Case brief

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Km. Laiqua and Another v. Mohd Qamar (Since Deceased) and 29 Others

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