Allahabad High Court
Jagdev vs Pyare Lal And 4 Others on 11 November, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:176746
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 14123 of 2024
Petitioner :- Jagdev
Respondent :- Pyare Lal And 4 Others
Counsel for Petitioner :- Krishna Kumar Singh,Lallan Prasad
Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"Direct the Civil Judge (Junior Division), Jaunpur to expedite the hearing of Original Suit No. 913 of 2020 (New No. 2602 of 2020), Computerized No.UPJP060032402020 (Sahdev & Others Vs. Pyare Lal and others) as well as 6-C application pending before him and accordingly decide the same within some stipulated period as may be fixed by this Hon'ble Court."
2. The prayer made in the writ petition for expediting the Original Suit No.913 of 2020 cannot be granted in view of decision of Division Bench of this court in Ali Shad Usmani vs. Ali Isteba 2015(2) ADJ 250 (DB) in which the Court 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."
3. In view of the Division Bench judgment of this Court in the case of Ali Shad Usmani (supra), this Court declines to grant the prayer so far as it relates to expediting the hearing of Original Suit No.913 of 2020.
4. As far as the second part of prayer for expediting the hearing of 6-C application is concerned, this Court, without calling for counter affidavit or issuing notice to private respondents, directs the Civil Judge (Junior Division), Jaunpur to decide the temporary injunction application (6-C) filed in Suit No.913 of 2020, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
5. With the aforesaid direction, present writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 11.11.2024
Kushal
