Allahabad High Court
Moonlight Building Solution Pvt. Ltd. ... vs Kamal Singh And 2 Others on 11 March, 2025
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:35554
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 2368 of 2025
Petitioner :- Moonlight Building Solution Pvt. Ltd. And Another
Respondent :- Kamal Singh And 2 Others
Counsel for Petitioner :- Rajendra Kumar Pandey,Smt. Kirti Pandey
Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the court below i.e. Additional Civil Judge (Jr. Division), Court No. 2, Ghaziabad to decide the O.S. No. 112 of 2016, Kamal Singh Vs. Moonlight Building Solution Pvt. Ltd. and others consolidated with O.S. No. 107 of 2014, Kamal Singh Vs. Smt. Girirajo Devi and others, within stipulated time as fixed by this Hon'ble Court, And/or to pass any such other and further interim-order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
2. From the perusal of the record, it transpires that the petitioner has prayed for early disposal of Original Suit No. 112 of 2016 with O.S. No. 107 of 2014, pending before the Additional Civil Judge (Jr. Division), Court No. 2, Ghaziabad.
3. The Division Bench of this Court in 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."
4. Recently, the Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 has held that Constitution Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. The Court further held that issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending. Relevant para 47.3 of the said judgment is extracted hereasunder :-
"Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending;"
5. In view of the Constitution Bench judgment of Apex Court as well as Division Bench judgments of this Court in High Court Bar Association, Allahabad (supra) and Ali Shad Usmani (supra), this Court declines to grant the relief, as prayed for.
6. The writ petition is accordingly dismissed.
Order Date :- 11.3.2025
SK Goswami
