Allahabad High Court

CHANDRA SHEKHARversusJADDU AND 3 OTHERS

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the Section 6‑C application within a month and disposed of the writ petition without reaching the merits.

Summary

The petitioner, Chandra Shekhar, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Shahar, Jaunpur, to decide a Section 6-C application pending in Original Suit No. 491 of 2026. The High Court, after examining the petition, found that no substantive hearing was necessary at the admission stage and therefore did not call for a counter‑affidavit or issue 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, within one month of receiving a certified copy of the order. It was expressly stated that the writ petition was disposed of without any adjudication on the merits. Consequently, the petition stands disposed, and the civil court is to proceed with the pending application.

Issues considered

What relief, if any, could be granted by the High Court under Article 227 in a writ petition seeking direction to a lower civil court to decide a pending application?

Subjects

Article 227
Writ petition
Civil Procedure Code
Section 6-C application
Interim direction
High Court disposal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12342 of 2026

                                    Chandra Shekhar
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    Jaddu And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Shiva Priya Prasad
                                    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 (Junior Division), Shahar, Jaunpur to decide 6-C application filed in
                                    Original Suit No.491 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 (Junior Division), Shahar, Jaunpur to decide 6-C
                                    application filed in Original Suit No.491 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 9, 2026
                                    SK Goswami




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

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