Petitioner sought an order directing expeditious disposal of a civil suit pending before Civil Judge (Junior Division), Naugarh. Relying on the Division Bench decision in Ali Shad Usmani, the court held no such direction can issue and dismissed the petition.
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Neutral Citation No. - 2025:AHC:3797
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 104 of 2025
Petitioner :- Smt Gyanti Devi Respondent :- Mitthu Counsel for Petitioner :- Vijay Prakash Chaturvedi
Hon'ble Rohit Ranjan Agarwal,J.
"(I) Issue an order or direction to the learned Trial Court i.e. Civil Judge (Junior Division) Naugarh, District Siddharth Nagar to decide the Original Suit No. 373 of 2020 "Mitthu Vs. Smt. Gyanti Devi" within the stipulated time 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), 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."
Order Date :- 8.1.2025 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the trial court to decide a pending suit within a stipulated period under Article 227.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaFollowed¶4
2015 (2) ADJ 250 (DB)
Smt Gyanti Devi
Mitthu
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
