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Allahabad High Court

YASH GUPTAversusANIL KUMAR GUPTA AND 7 OTHERS

Decided

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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