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2014 Supreme(All) 1888

D. Y. CHANDRACHUD, P. K. S. BAGHEL
ALI SHAD USMANI – Appellant
Versus
ALI ISTEBA – Respondent


Advocates:
Counsel :
Jamil Ahmad Azmi for the Petitioners.

JUDGMENT

By the Court.—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.”

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 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




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