Allahabad High Court

SMT. LEELAWATIversusSURESH YADAV AND ANOTHER

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court disposed of the writ petition at the admission stage without adjudicating its merits, while directing the lower court to decide the pending 6‑C‑2 application within a month.

Summary

The petitioner, Smt. Leelawati, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)/Additional Chief Judicial Magistrate VI, Kanpur Nagar to decide a 6‑C‑2 application pending in Original Suit No. 1582 of 2026. The High Court, noting that no useful purpose would be served by keeping the petition pending, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the 6‑C‑2 application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The direction was issued without adjudicating the merits of the writ petition. Consequently, the writ petition stands disposed.

Issues considered

Whether a writ petition under Article 227 can be disposed of at the admission stage without notice to respondents
Whether the High Court can direct a lower court to decide a pending 6‑C‑2 application without hearing parties before disposal of the writ petition

Legislation cited

Code of Civil Procedure, 1908 — s. 6-C-2
Constitution of India — s. Article 227

Subjects

Article 227
writ petition
admission stage disposal
6‑C‑2 application
direction to lower court
High Court of Allahabad
civil procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  MATTERS UNDER ARTICLE 227 No. - 12356 of 2026

                                    Smt. Leelawati
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Suresh Yadav And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Sachin Dubey
                                    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)/Additional Chief Judicial Magistrate VI, Kanpur
                                    Nagar to decide 6-C-2 application filed in Original Suit No.1582 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 (Senior Division)/Additional Chief Judicial Magistrate VI,
                                    Kanpur Nagar to decide 6-C-2 application filed in Original Suit No.1582 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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