Allahabad High Court

RAM ASHRAY PATELversusAMARNATH

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition at the admission stage, directing the lower court to decide the pending application without adjudicating the merits.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)/Fast Track Court, Varanasi, to decide a Section 6-C application pending in Suit No.209 of 2022. The High Court, finding no useful purpose in keeping the petition pending, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the respondent. The Court directed the lower court to decide the 6-C application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The petition was thus disposed without any adjudication on the merits. The order clarifies that the High Court has not decided the substantive issues of the case.

Issues considered

Whether the High Court should entertain the writ petition and pass a direction to the lower court to decide the pending 6-C application
Whether the petition can be disposed of at the admission stage without notice to the respondent

Subjects

Article 227
writ petition
civil procedure
direction to lower court
admission stage disposal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12210 of 2026

                                    Ram Ashray Patel
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Amarnath
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Mayank Srivastava, Vipul Raj Gautam
                                    Counsel for Respondent(s)         :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking a direction upon learned Civil
                                    Judge (Senior Division)/Fast Track Court, Varanasi to decide 6-C
                                    application filed in Suit No.209 of 2022.

                                    2. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to the sole respondent, with a direction
                                    upon Civil Judge (Senior Division)/Fast Track Court, Varanasi to decide 6-C
                                    application filed in Suit No.209 of 2022, in accordance with law, after
                                    hearing all affected parties, preferably within a period of one month from the
                                    date of production of certified copy of this order.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 8, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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