Allahabad High Court

SAIYYAD MOHAMMAD JILANIversusSAIYYAD MUHAMMAD JIYAUDDIN

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition at the admission stage, directing the civil judge to decide the 6‑C application within a month, without adjudicating the merits.

Summary

The petitioner, Saiyyad Mohammad Jilani, filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Senior Division)/A.C.J.M., Court No.17, Allahabad to decide a 6‑C application filed in Case No.150 of 2023. The High Court examined the petition and, finding no merit to be adjudicated, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the sole respondent. The Court directed the civil judge to decide the pending 6‑C application in accordance with law, after hearing all affected parties, within one month of the certified copy of the order. It was expressly stated that the High Court had not decided the substantive issues of the underlying case. Consequently, the writ petition was dismissed and the matter was left to the civil court for further determination.

Issues considered

Whether the High Court should entertain the writ petition and issue a direction to the civil court to decide the 6‑C application.
Whether the petition can be disposed of at the admission stage without notice to the respondent.

Legislation cited

Constitution of India — s. Article 227

Subjects

Article 227
writ petition
civil procedure
6-C application
admission stage disposal
direction to lower court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12231 of 2026

                                    Saiyyad Mohammad Jilani
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Saiyyad Muhammad Jiyauddin
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                             :   Dan Bahadur
                                    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)/A.C.J.M., Court No.17, Allahabad to decide 6-C
                                    application filed in Case No.150 of 2023.

                                    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 sole respondent, with a direction upon
                                    Civil Judge (Senior Division)/A.C.J.M., Court No.17, Allahabad to decide 6-
                                    C application filed in Case No.150 of 2023, 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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