Disposed

Vinay Shanker Singh v. Civil Judge (S.D.) Court No. 15 , Sultanpur and 5 Others

Allahabad HC22 Apr 2024A227/1942/2024

Case brief

AI extract

What is this about?

Petitioner sought expeditious disposal of a pending civil suit by invoking Article 227. The Court held that without extraordinary circumstances, it should not routinely direct trial courts to decide cases out of turn. The petition was disposed of with liberty to approach the trial court with an urgency application.

What did the court decide?

Liberty granted to move application for expeditious disposal before the trial court.

Vinay Shanker Singh vs Civil Judge (S.D.)… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30991

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1942 of 2024

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Petitioner :- Vinay Shanker Singh Respondent :- Civil Judge (S.D.) Court No. 15 , Sultanpur And 5 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- Kumar Sambhav

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Hon'ble Alok Mathur,J.

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Heard Sri Satish Kumar, learned counsel for the petitioner as well as Sri Kumar Sambhav, learned counsel for India Oil Corporation.

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In view of the proposed order notice to private respondents are dispensed with.

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By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Original Suit No. 459 of 2021 (Vinay Shankar Vs. Shahid Diwakar Filling Station and others) pending before Civil Judge (Sr. Div.), Court No. 15, Sultanpur.

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Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Civil Judge (Sr. Div.), Court No. 15, Sultanpur, considers and decides the aforesaid case in the time bound manner.

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From the perusal of the writ petition, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court to decide the suit expeditiously.

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This Court is conscious of the fact that the trial courts are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the suit proceedings. In the present case no such circumstances has been mentioned or made out requiring interference of this Court

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under Article 227 of the Constitution of India.

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However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the suit before the trial court. In case, such application is moved within two weeks from today the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereon.

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With aforesaid observation and direction the petition stands disposed of.

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(Alok Mathur, J.)

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Order Date :- 22.4.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Vinay Shanker Singh v. Civil Judge (S.D.) Court No. 15 , Sultanpur and 5 Others

Case brief

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Vinay Shanker Singh v. Civil Judge (S.D.) Court No. 15 , Sultanpur and 5 Others

Case brief

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