Allahabad High Court
YASH GUPTAversusANIL KUMAR GUPTA AND 7 OTHERS
- Decided
- 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‑C2 application within a month, without deciding the merits of the case.
Summary
The petitioner Yash Gupta filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Meerut, to decide a 6-C2 application filed in Original Suit No.203 of 2025. The High Court, noting that keeping the petition pending would serve no useful purpose, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the Civil Judge to decide the 6-C2 application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition stands disposed.
Issues considered
- What procedural authority does a High Court have under Article 227 to direct a subordinate civil judge to decide a pending application?
- Whether the writ petition can be disposed of at the admission stage without hearing the respondents.
Subjects
- Writ petition
- Article 227
- Civil Procedure Code
- 6-C2 application
- Direction to subordinate court
- Admission stage disposal
- Procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12352 of 2026
Yash Gupta
.....Petitioner(s)
Versus
Anil Kumar Gupta And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Himanshu Bansal, Shivam Yadav
Counsel for Respondent(s) : Anadi Krishna Narayana
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), Court No.1, Meerut to decide 6-C2 application filed
in Original Suit No.203 of 2025.
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), Court No.1, Meerut to decide 6-C2
application filed in Original Suit No.203 of 2025, 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.
5. Sri Shashi Bhushan Singh, learned counsel has appeared for respondent
no.8- Bank.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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