Durgesh Datt Pandey vs Smt. Kailashvati Devi and… — Writ and Judicial Review | Allahabad HC (2025)

Durgesh Datt Pandey vs Smt. Kailashvati Devi and… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the court concerned (Civil Judge (Junior Division), Gorakhpur) within two weeks and move an application detailing urgency for expeditious disposal of Execution Suit No. 06 of 2023 in Original Suit No.337 of 2016; if such application is moved, the trial Court to consider and decide it within three weeks thereafter and, if urgency is made out, pass appropriate orders and proceed in accordance with law.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, should direct the trial court to decide Execution Suit No. 06 of 2023 (arising out of Original Suit No.337 of 2016) in a time-bound manner. +1 more

Court's answer

Liberty granted to the petitioner to approach the court concerned and move an appropriate application detailing urgency for expeditious disposal of Execution Suit No. 06 of 2023 in Original Suit No.337 of 2016 within two weeks; if such application is moved, the trial Court shall consider and decide it within three weeks thereafter and, if any case for urgency is made out, pass appropriate orders and proceed in accordance with law.

Ratio / Principle

At this stage no ground for urgency is made out by the petitioners; the Court is therefore not inclined to interfere in the matter under Article 227 of the Constitution of India.

Key takeaways

This Court has not examined the case of either of the parties on merit; the Court concerned shall decide the matter strictly in accordance with law.obiter¶13

Detailed headnote1 paragraphs

Petition under Article 227 of the Constitution of India seeking expeditious disposal of Execution Suit No. 06 of 2023 (Smt. Shraddha Pandey and another Vs. Smt. Kailashvati Devi), arising out of Original Suit No.337 of 2016, pending before Civil Judge (Junior Division), Gorakhpur. Held: at this stage no ground for urgency is made out by the petitioners; the Court declined to interfere under Article 227 and disposed of the petition, granting liberty to the petitioner to approach the court concerned within two weeks and move an application detailing urgency; if such application is moved, the trial Court shall consider and decide it within three weeks thereafter and, if urgency is made out, pass appropriate orders and proceed in accordance with law. The Court expressly did not examine the merits of either party's case.

Neutral Citation No. - 2025:AHC:17269

Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 974 of 2025

Petitioner :- Durgesh Datt Pandey Respondent :- Smt. Kailashvati Devi And Another Counsel for Petitioner :- Ritesh Singh,Suresh Singh

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner.

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

By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Execution Suit No. 06 of 2023 (Smt. Shraddha Pandey and another Vs. Smt. Kailashvati Devi) in Original Suit No.337 of 2016 pending before Civil Judge (Junior Division), Gorakhpur, expeditiously.

It is urged that the matter is pending since 2023 and same is being listed number of times but for one reason or the other, the same is not being decided.

After arguing the matter at some length, learned counsel for petitioner submits that trial Court may be directed to decide the execution case in a time bound manner.

At this stage, no ground for urgency is made out by the petitioners, hence, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to approach the court concerned and move an appropriate application detailing urgency for expeditious disposal of Execution Suit No. 06 of 2023 (Smt. Shraddha Pandey and another Vs. Smt. Kailashvati Devi) in

Original Suit No.337 of 2016, pending before the Civil Judge (Junior Division), Gorakhpur, within two weeks from today, and in case, if such an application is moved, the trial Court shall consider and decide the same within three weeks thereafter, and in case any case for urgency is made out by the petitioners, it shall pass appropriate orders thereupon, and proceed in accordance with law.

It is made clear that this Court has not examined the case of either of the parties on merit and the Court concerned shall decide the matter strictly in accordance with law.

With the aforesaid observations, the petition is disposed of.

(Alok Mathur, J.)

Order Date :- 6.2.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad