Allahabad High Court

BHIMversusRAM AASHISH AND 5 OTHERS

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition at the admission stage and directed the Civil Judge to decide the 6‑C application, without adjudicating the merits.

Summary

Bhim filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) in Deoria to decide a Section 6‑C application filed in Suit No. 24 of 2026. The High Court, noting that no useful purpose would be served by keeping the petition pending, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the Civil Judge 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 therefore disposed of, and the Court expressly stated that it had not adjudicated the merits of the underlying dispute.

Issues considered

What procedural steps are required before a writ petition under Article 227 can be entertained?
Can the High Court direct a subordinate court to decide a pending application without hearing the parties to the writ petition?

Subjects

Article 227
writ petition
civil procedure
Section 6‑C application
admission stage
direction
High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12246 of 2026

                                    Bhim
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Ram Aashish And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Farha Naqvi, Khurshed Alam, Shaheen
                                                                       Bano
                                    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), Room No.18, Deoria to decide 6-C application filed
                                    in Suit No.24 of 2026.

                                    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 private respondents, with a direction
                                    upon Civil Judge (Senior Division), Room No.18, Deoria to decide 6-C
                                    application filed in Suit No.24 of 2026, 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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