Ali Shad Usmani and Others vs Ali Isteba and Others

Dr. D.Y. 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 and others v. Ali Isteba and others.

(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."

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 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. For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost.