Article 227 petition for expeditious disposal of civil suit pending since 2016; High Court directs trial court to conclude proceedings without unnecessary adjournments.
Direction to the trial court to expedite disposal of Regular Suit No.830 of 2016 without unnecessary adjournments. ¶¶14
The trial court is directed to take appropriate measures and ensure that the proceedings are taken to their logical conclusion, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment. ¶¶13-¶14
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 5233 of 2025
Smt. Rekha Devi
.....Petitioner(s)
Versus
| Smt. Suryakali And 5 Others | .....Respondent(s) |
|---|---|
| Counsel for Petitioner(s) Counsel for Respondent(s) |
: Arvind Kumar Tiwari, Ambuj Bajpai : |
Court No. - 7
HON'BLE JASPREET SINGH, J.
1. Heard learned counsel for the petitioner.
2. By means of the instant petition, the petitioner seeks expeditious disposal of Regular Suit No.830 of 2016, pending before the learned Civil Judge (Junior Division), Kunda, Pratapgarh.
3. Having considered the aforesaid prayer and upon perusal of the material on record, it appears surprising that a suit instituted in the year 2016, in which the defendants have already entered appearance, is still pending, neither have the written statements been filed, nor have issues been framed. The extracts of the order sheet further reveals that orders are being passed and dates are being fixed in mechanical manner.
4. The Courts are empowered under the Code of Civil Procedure, 1908 to deal with such situations; yet, the trial court does not appear to have exercise the jurisdiction vested in it by law, resulting in repeated adjournments in a suit pending since 2016.
5. Considering the aforesaid, this Court directs the court concerned to take appropriate measures and ensure that the proceedings are taken to their logical conclusion, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment.
6. With the aforesaid observations, the petition is disposed of.
(Jaspreet Singh,J.)
September 2, 2025 Shubhankar
Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the trial court's delay in disposing of Regular Suit No.830 of 2016 pending since 2016 is justified and whether the High Court should direct expeditious disposal.¶¶10-¶12
1 provisions across 1 enactments
How this case reached the court
Regular Suit No.830 of 2016 pending before the learned Civil Judge (Junior Division), Kunda, Pratapgarh, instituted in 2016, defendants entered appearance but written statements not filed, issues not framed, orders passed mechanically.¶¶10-¶11
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
