The single judge bench of the Allahabad High Court held that the jurisdiction of the Court under Article 227 of the Constitution of India can be invoked only in case there are extra-ordinary circumstances requiring interference of this Court in the pending suit proceedings and not in a routine manner.
Brief facts
The factual matrix of the case is that the present writ petition is filed in order to direct the learned civil judge to decide the suit (Arza Khatun Vs. Kaisar Jhan & Others) expeditiously.
Contentions of the Petitioner
The Petitioner submitted that the issues have been framed and the matter is at the stage of evidence. It was furthermore submitted that the Petitioner is also suffering from high blood pressure and sugar. Therefore, prayed for the expeditious proceedings of the suit.
Observations of the Court
The Hon’ble Court observed that Article 227 of the Constitution of India grants the jurisdiction of the court, however, this power can only be used in extraordinary circumstances that require the Court to intervene in ongoing legal proceedings. Despite the fact that the present suit was filed in 2021 and has only been ongoing for three years, it is significant that it has reached the evidence stage.
Based on these considerations, the court was of the opinion that no reasons have been disclosed by the petitioner so as to enable this Court to interfere in the suit proceedings.
The decision of the court
With the above direction, the court disposed of the Writ Petition.
Case Title: Arza Khatun Vs. Kaisar Jhan & Others
Coram: Hon’ble Mr. Justice Raghavendra Pratap Singh
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