Power To Direct Expeditious Disposal Of Cases Should Be Exercised Sparingly, In Extra Ordinary Circumstances: Allahabad HC Reiterates

The Allahabad High Court has reiterated that writ should not be granted for expeditious disposal of civil suits routinely. Only when extraordinary circumstances are shown, such directions for expeditiously disposal within a fixed period should be granted.The bench comprising of Justice Ashutosh Srivastava placed reliance on earlier decisions of the Allahabad High Court in Ali Shad Usmani vs. Ali Isteba and Km. Shobha Bose V. Judge Small Causes & Ors wherein it was held that “the power to direct expeditious disposal of Suit or any other Cases should be exercised sparingly in extra ordinary circumstances and not in a routine manner.”Factual BackgroundPetitioner, a widow, is 79 years old. Her late husband Colonel Suryapal Singh (retired) has left her a house under registered Will dated 24th June 2016. Children of the petitioner, respondents before the High Court, have also been Willed a flat each under the registered Will and were in possession of their respective properties. The eldest son of the petitioner was living with her, however, other children are trying to grab the house of the petitioner which was Willed to her by her late husband. Petitioner filed an original suit seeking permanent injunction restraining the respondents from interfering in her peaceful possession and for eviction of the respondent son, Yashpal, from the suit property. Pleading have been exchanged in the suit, however, the same was not being decided. Accordingly, petitioner approached the High Court for expeditious disposal of the case. Counsel for the petitioner argued that the petitioner is a senior citizen suffering from age-related ailments and is on a wheelchair. It was argued that an application for expeditious disposal was filed before the Civil Judge (Junior Division) 6th, Mathura which is pending consideration. Placing reliance on the order sheet, the counsel submitted that the proceedings are moving at a very slow pace and need to be expedited considering the age of the petitioner. High Court VerdictThe Court placed reliance on Ali Shad Usmani vs. Ali Isteba wherein the division bench of the Allahabad High Court has held that a direction for deciding a suit within a stipulated period cannot be issued to the sub-ordinate courts. The division bench had observed that the Court must refrain from granting relief of expeditious disposal of a suit under Article 226/277 of the Constitution of India for reasons that such orders “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.” The Court had observed that such orders should be passed with great care, or else they would burden the lower court with requests for expeditious disposal matters and the litigants who cannot afford to move the High Court will not be able to take benefit of such orders. Further reliance was placed on Km. Shobha Bose V. Judge Small Causes & Ors. wherein the Allahabad High Court had held “We are of the opinion that power to direct expeditious disposal of suit or for that matter any lis which, in sum and substance, means out of turn disposal is to be exercised sparingly in extraordinary circumstances and not in a routine manner. It is fit to be exercised only when the Court comes to the conclusion that delay would cause gross injustice.”Further, it was observed that “However, while deciding this issue, the Court would bear in mind that it does not cause injustice to other litigants, who are waiting for justice from before because the very nature of order delays cases filed earlier. It causes resentment and dissatisfaction to those who are waiting for justice from before. It should be exercised only when it comes to the notice of this Court that Judge in seisin of the case is purposely avoiding to dispose of the suit for any oblique motive, which may defeat the justice. An order for expeditious disposal in a routine manner cannot be countenanced.”Justice Srivastava held that though the Court was not inclined to grant relief, considering the age of the petitioner, the Court could grant relief of expeditious disposal. Accordingly, the Court directed the Civil Judge (Junior Division), 6th Mathura to consider and pass appropriate orders on the application for expeditious disposal and in the suit on the next date fixed or within a reasonable time.Case Title: Smt. Sharda Singh v. Yashpal And 2 Others [MATTERS UNDER ARTICLE 227 No. - 11864 of 2023]Case Citation: 2023 LiveLaw (AB) 470Counsel for Petitioner: Ram Chandra UttamClick Here To Read/Download Order

Power To Direct Expeditious Disposal Of Cases Should Be Exercised Sparingly, In Extra Ordinary Circumstances: Allahabad HC Reiterates

Upasna Agrawal

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