Vinod Kumar Mishra vs Smt. Kusum Gupta on 20 May, 2026

Allahabad High Court

Vinod Kumar Mishra vs Smt. Kusum Gupta on 20 May, 2026

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:36296
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
MATTERS UNDER ARTICLE 227 No. - 2702 of 2026   
 
   Vinod Kumar Mishra    
 
  .....Petitioner(s)   
 
 Versus  
 
   Smt. Kusum Gupta    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Anil Kumar Pandey   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 7
 
   
 
 HON'BLE SAURABH LAVANIA, J.      

1. Heard.

2. The instant petition has been preferred seeking following main relief(s):- “WHEREFORE, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to direct the learned IInd Additional Judge Small Cause court Lucknow to decide the (Small Cause Court Suit no. 76 of 2013 now new SCC suit no. 175 of 2017 Vinod Kumar Mishra Versus Smt. Kusum Gupta), for ejectment and recovery of damages filed on16.07.2013 by the petitioner against the Opposite party/ defendant (contained as Annexure No.1) pending before him within the time as is stipulated by this Hon’ble Court in accordance with law.”

SPONSORED

3. Considered the facts pleaded in the present petition and also the judgment of the Ho’ble Apex Court in the case of Yashpal Jain Vs. Sushila Devi and others; 2023 SCC OnLine SC 1377, particularly paragraph 47, which reads as under:- “47. The following directions are issued: i. All courts at district and taluka levels shall ensure proper execution of the summons and in a time bound manner as prescribed under Order V Rule (2) of CPC and same shall be monitored by Principal District Judges and after collating the statistics they shall forward the same to be placed before the committee constituted by the High Court for its consideration and monitoring. ii. All courts at District and Taluka level shall ensure that written statement is filed within the prescribed limit namely as prescribed under Order VIII Rule 1 and preferably within 30 days and to assign reasons in writing as to why the time limit is being extended beyond 30 days as indicated under proviso to sub-Rule (1) of Order VIII of CPC. iii. All courts at Districts and Talukas shall ensure after the pleadings are complete, the parties should be called upon to appear on the day fixed as indicated in Order X and record the admissions and denials and the court shall direct the parties to the suit to opt for either mode of the settlement outside the court as specified in sub-Section (1) of Section 89 and at the option of the parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis. iv. In the event of the party’s failure to opt for ADR namely resolution of dispute as prescribed under Section 89(1) the court should frame the issues for its determination within one week preferably, in the open court. v. Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Once the date of trial is fixed, the trial should proceed accordingly to the extent possible, on day-to-day basis. vi. Learned trial judges of District and Taluka Courts shall as far as possible maintain the diary for ensuring that only such number of cases as can be handled on any given day for trial and complete the recording of evidence so as to avoid overcrowding of the cases and as a sequence of it would result in adjournment being sought and thereby preventing any inconvenience being caused to the stakeholders. vii. The counsels representing the parties may be enlightened of the provisions of Order XI and Order XII so as to narrow down the scope of dispute and it would be also the onerous responsibility of the Bar Associations and Bar Councils to have periodical refresher courses and preferably by virtual mode. viii. The trial courts shall scrupulously, meticulously and without fail comply with the provisions of Rule 1 of Order XVII and once the trial has commenced it shall be proceeded from day to day as contemplated under the proviso to Rule (2). ix. The courts shall give meaningful effect to the provisions for payment of cost for ensuring that no adjournment is sought for procrastination of the litigation and the opposite party is suitably compensated in the event of such adjournment is being granted. x. At conclusion of trial the oral arguments shall be heard immediately and continuously and judgment be pronounced within the period stipulated under Order XX of CPC. xi. The statistics relating to the cases pending in each court beyond 5 years shall be forwarded by every presiding officer to the Principal District Judge once in a month who (Principal District Judge/District Judge) shall collate the same and forward it to the review committee constituted by the respective High Courts for enabling it to take further steps. xii. The Committee so constituted by the Hon’ble Chief Justice of the respective States shall meet at least once in two months and direct such corrective measures to be taken by concerned court as deemed fit and shall also monitor the old cases (preferably which are pending for more than 05 years) constantly.”

4. This Court also considered the judgment dated 10.11.2023 passed in the case of Shaikh Uzma Feroz Hussain Vs The State of Maharastra passed in Writ Petition (s) (Criminal) No. 587 of 2023, wherein the Hon’ble Apex Court observed as under:- “We are of the view that since every High Court and every court in the country has a huge pendency, the constitutional court should avoid temptation of fixing a time-bound schedule for disposal of any case before any court unless the situation is extra ordinary.”

5. Considering the aforesaid as also the fact that the Suit in issue is pending since 2013, the present petition is disposed of with liberty to the petitioners to move an appropriate application for expeditious disposal of the case before the Court concerned indicating therein all the relevant facts within next two weeks. The Court concerned is directed to consider and decide the same within three weeks thereafter in accordance with law and in case the Court concerned is of the view that a case for expediting the matter is made out, appropriate orders shall be passed thereupon.

6. With the aforesaid observations, the present petition is disposed of.

7. Before parting with the case, it would be appropriate to observe that in view of the facts of the case particularly in view of the fact that the suit/case in issue is pending since 2013, it is expected that the court concerned would conclude the proceedings of the said suit/case within a period of six months from the next dated fixed in it.

(Saurabh Lavania,J.)

May 20, 2026

Arun/-