Allahabad High Court
Badri Prasad And 2 Others vs Priyanka Pandey And Another on 7 July, 2021
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 2882 of 2021
Petitioner :- Badri Prasad And 2 Others
Respondent :- Priyanka Pandey And Another
Counsel for Petitioner :- Ramesh Kumar Shukla
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Ramesh Kumar Shukla, learned counsel for the petitioners.
This writ petition has been filed with the following prayer:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondents i.e. court below Civil Judge (S.D.) Allahabad to decide the case No. 521 of 2016 (Badri Prasad and others Vs. Priyanka Pandey and others) as earliest as possible within stipulated time as specified by this Hon'ble Court."
It is contended by learned counsel for the petitioners that Original Suit No. 521 of 2016 was filed for permanent injunction before the Civil Judge (S.D.) Allahabad. A prayer has been made for early disposal of the said suit.
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:-
"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), District-Azamgarh. 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."
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.
The writ petitions is dismissed.
Order Date :- 7.7.2021
Shekhar
