Dismissed¶15

Janardan Maurya v. Lalbahadur

Allahabad HC15 Jan 2025A227/272/2025

Case brief

AI extract

What is this about?

Article 227 Allahabad High Court writ petition dismissed; prayer for expeditious/time-bound disposal of Suit No. 502 of 2023 before Civil Judge (Junior Division) City Jaunpur refused; no direction can be issued to subordinate courts to decide suit within stipulated period; Ali Shad Usmani vs. Ali Isteba 2015 (2) ADJ 250 (DB) applied; Janardan Maurya v. Lalbahadur; order date 15.1.2025; neutral citation 2025:AHC:6271.

What did the court decide?

In view of the Division Bench judgment in Ali Shad Usmani (supra), the Court declines to grant the relief prayed for; no direction is issued to the subordinate court for deciding Suit No. 502 of 2023 within a stipulated period. ¶14

Janardan Maurya vs Lalbahadur — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:6271

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 272 of 2025

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Petitioner :- Janardan Maurya Respondent :- Lalbahadur Counsel for Petitioner :- Ajeet Kumar Prajapati,Ram Soorat

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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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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order directing the learned court Civil Judge (J.D.) City Jaunpur, to decide the Original Suit No. 502 of 2023 (Janardan Maurya Versus Lal Bahadur), pending before him, expeditiously within an stipulated period fixed by this Hon'ble court, otherwise petitioner shall suffer irreparable loss and injury."

¶8

From the perusal of the record, it transpires that the prayer has been made for early disposal of Suit No. 502 of 2023 pending in the court of Civil Judge (Junior Division), City, Jaunpur.

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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:-

¶10

"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

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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 petition is dismissed.

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Order Date :- 15.1.2025 V.S.Singh

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

Janardan Maurya v. Lalbahadur

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Janardan Maurya v. Lalbahadur

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