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Allahabad High Court

BHAGWAT YADAV @ BHAGWAT SINGH YADAVversusSHRI RAMVILAS YADAV AND 3 OTHERS

Decided

Holding

The Court declined to grant the broad expeditious‑hearing direction but ordered the Civil Judge to decide the pending 6‑C application within one month.

Summary

Petitioner Bhagwat Yadav filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Ghazipur, to hear and dispose of Original Suit No. 210 of 2016 expeditiously and without unnecessary adjournments. The High Court referred to the Supreme Court’s decision in High Court Bar Association v. State of Uttar Pradesh (2024) 6 SCC 267, holding that such a direction cannot be granted. The petitioner highlighted that a Section 6‑C application in the original suit was pending and could be decided promptly. Accordingly, the Court declined to issue the broad expeditious‑hearing order but directed the Civil Judge to decide the pending 6‑C application within one month of receiving the certified copy of the order. The writ petition was disposed of without any adjudication on the merits. The order emphasizes procedural compliance rather than substantive resolution of the underlying dispute.

Issues considered

  • Whether a High Court can, under Article 227, direct a lower civil court to hear and dispose of a suit expeditiously without granting adjournments.
  • Whether the Court may order the pending Section 6‑C application in the original suit to be decided within a stipulated time.

Subjects

  • Article 227
  • Writ petition
  • Civil Procedure Code
  • Section 6-C application
  • Expeditious trial
  • High Court direction
  • Judicial discretion

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 12340 of 2026

                                    Bhagwat Yadav @ Bhagwat Singh Yadav
                                                                                                          .....Petitioner(s)
                                                                              Versus

                                    Shri Ramvilas Yadav And 3 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Kashi Nath Singh Yadav
                                    Counsel for Respondent(s)                       :


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

                                    1. This writ petition has been filed with the following prayer:-

                                              "(a) Issue an appropriate order or direction directing the learned Civil
                                              Judge (J.D.), Ghazipur, to hear and decide Original Suit No. 210 of 2016
                                              (Bhagwat Yadav vs. Ramvilas and others), expeditiously, preferably
                                              within a short stipulated period without granting unnecessary
                                              adjournments to either of the parties."

                                    2. The prayer made in the writ petition cannot be granted in view of the
                                    judgment of Constitution Bench of Hon'ble Supreme Court in High
                                    Court Bar Association, Allahabad vs. State of Uttar Pradesh and
                                    others (2024) 6 SCC 267.

                                    3. However, learned counsel for the petitioner submits that 6-C
                                    application filed in Original Suit No. 210 of 2016 is pending
                                    consideration and the same may be decided expeditiously.

                                    4. In view of above, as no useful purpose would be served in keeping the
                                    matter pending or calling for counter affidavit, or issuing notice to private
                                    respondents, writ is being disposed of, at the admission stage, with a
                                    direction upon the Civil Judge (Junior Division), Ghazipur to decide 6-C
                                    application filed in Original Suit No. 210 of 2016, 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.

                                    5. With the aforesaid directions, writ petition stands disposed of.

                                    6. It is made clear that this Court has not adjudicated the matter on merits.


                                                                                            (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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