Allahabad High Court

ISHAM PAL SINGHversusKALLU

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

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

Summary

The petitioner, Isham Pal Singh, filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Senior Division) of Muzaffarnagar to decide a pending 6‑C application in Original Suit No. 414 of 2026. The High Court noted that no useful purpose would be served by keeping the writ petition pending. Consequently, the Court disposed of the petition at the admission stage without calling for a counter‑affidavit or issuing notice to the sole respondent. It issued a direction that the Civil Judge should decide the 6‑C application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The Court expressly clarified that it had not adjudicated the merits of the underlying suit.

Issues considered

Whether the High Court can direct a subordinate civil court to decide a pending 6‑C application under its supervisory jurisdiction under Article 227
Whether the writ petition should be entertained on merits or disposed at the admission stage

Subjects

Article 227
writ petition
civil procedure
6‑C application
direction to lower court
disposal without merits
High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12351 of 2026

                                    Isham Pal Singh
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Kallu
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Prashant Singh
                                    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), Muzaffarnagar to decide 6-C application filed in
                                    Original Suit No.414 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 the sole respondent, with a direction
                                    upon Civil Judge (Senior Division), Muzaffarnagar to decide 6-C application
                                    filed in Original Suit No.414 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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