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    (Para 2-3) Direction of Expedite Hearing in Rare Cases

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    akshat0tiwari
    The petition sought a writ directing the trial court to expedite hearing of a civil suit and decide it within the stipulated period granted by the High Court. The High Court dismissed the petition, noting that it is inappropriate for the High Court to interfere simply to expedite hearing of a suit, as that places some litigants in a preferential category. It is for the trial court to apply its mind and decide if a case requires urgent disposal based on factors like involvement of senior citizens or disabled people.

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    (Para 2-3) Direction of Expedite Hearing in Rare Cases

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    akshat0tiwari
    6 views2 pages
    The petition sought a writ directing the trial court to expedite hearing of a civil suit and decide it within the stipulated period granted by the High Court. The High Court dismissed the petition, noting that it is inappropriate for the High Court to interfere simply to expedite hearing of a suit, as that places some litigants in a preferential category. It is for the trial court to apply its mind and decide if a case requires urgent disposal based on factors like involvement of senior citizens or disabled people.

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    (Para 2-3) Direction of expedite hearing in rare cases

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    The petition sought a writ directing the trial court to expedite hearing of a civil suit and decide it within the stipulated period granted by the High Court. The High Court dismissed the petition, noting that it is inappropriate for the High Court to interfere simply to expedite hearing of a suit, as that places some litigants in a preferential category. It is for the trial court to apply its mind and decide if a case requires urgent disposal based on factors like involvement of senior citizens or disabled people.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    6 views2 pages

    (Para 2-3) Direction of Expedite Hearing in Rare Cases

    Uploaded by

    akshat0tiwari
    The petition sought a writ directing the trial court to expedite hearing of a civil suit and decide it within the stipulated period granted by the High Court. The High Court dismissed the petition, noting that it is inappropriate for the High Court to interfere simply to expedite hearing of a suit, as that places some litigants in a preferential category. It is for the trial court to apply its mind and decide if a case requires urgent disposal based on factors like involvement of senior citizens or disabled people.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.

    Page 1 Wednesday, April 03, 2024


    Printed For: Sidharth Luthra Advocates .
    SCC Online Web Edition: http://www.scconline.com
    © 2024 EBC Publishing Pvt. Ltd., Lucknow.
    -----------------------------------------------------------------------------------------------------------------------------------------------------------

    2014 SCC OnLine All 15838 : (2015) 127 RD 470 : (2015) 109
    ALR 513 : ILR (2015) 1 All 127

    In the High Court of Allahabad


    (BEFORE DR. DHANANJAYA YESHWANT CHANDRACHUD, C.J. AND PRADEEP
    KUMAR SINGH BAGHEL, J.)

    Ali Shad Usmani and Others … Petitioners;


    Versus
    Ali Isteba and Others … Respondents.
    Civil Misc. Writ Petition No. 68168 of 2006
    Decided on December 11, 2014
    The Judgment of the Court was delivered by
    DR. DHANANJAYA Y ESHWANT CHANDRACHUD, C.J. and PRADEEP KUMAR
    SINGH BAGHEL, J.:— The only relief which is sought in this proceeding
    is in the following terms:
    “(i) a writ, order or direction in the nature of mandamus directing
    the respondent No. 6 to expedite the hearing of the Suit No. 271
    of 2005, Ali Shad v. Ali Isteba.

    Page: 471

    (ii) a writ, order or direction in the nature of mandamus


    commanding the respondent No. 6 to decide the suit within the
    stipulated period granted by this Hon'ble Court.”
    2. 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 hear ing of a suit.
    3. 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
    SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
    Page 2 Wednesday, April 03, 2024
    Printed For: Sidharth Luthra Advocates .
    SCC Online Web Edition: http://www.scconline.com
    © 2024 EBC Publishing Pvt. Ltd., Lucknow.
    -----------------------------------------------------------------------------------------------------------------------------------------------------------

    High Court and would not, therefore, be in a position to have the


    benefit of such an order.
    4. 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 disability 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.
    5. For these reasons, we are not inclined to entertain the petition.
    The petition, is, accordingly, dismissed. There shall be no order as to
    cost.
    6. Petition Dismissed.
    ———
    Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/
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