Allahabad High Court

JAMAL AHMAD AND ANOTHERversusAKHLAKH AHMAD

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court directed the civil judge to decide the 7‑C2 application and disposed of the writ petition without adjudicating its merits.

Summary

The petitioners, Jamal Ahmad and another, filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Junior Division) of Dumariyaganj, Siddharth Nagar to decide a 7‑C2 application filed in Original Suit No.302 of 2024. The High Court noted that the petition did not require a full trial and could be disposed of at the admission stage. The Court declined to call for a counter‑affidavit or issue notice to private respondents. It directed the civil judge to decide the 7‑C2 application in accordance with law, after hearing all affected parties, within one month of receipt of the certified copy of the order. The writ petition was consequently disposed of without any adjudication on the merits. The judgment emphasizes that the High Court has not expressed any opinion on the substantive issues of the original suit.

Issues considered

Whether the writ petition under Article 227 should be entertained and directed to the civil court
Whether the High Court can dispose of the petition at the admission stage without hearing the respondents

Subjects

Article 227
writ petition
civil procedure
admission stage disposal
direction to lower court
7-C2 application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12369 of 2026

                                    Jamal Ahmad And Another
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Akhlakh Ahmad
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Alauddin, Fakhruddin
                                    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), Dumariyaganj, Siddarth Nagar to decide 7-C2
                                    application filed in Original Suit No.302 of 2024.

                                    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), Dumariyaganj, Siddarth Nagar to decide
                                    7-C2 application filed in Original Suit No.302 of 2024, 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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