Allahabad High Court

AJAYversusDINESH KUMAR AND 10 OTHERS

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, Ajay, filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Junior Division) of Shahar, Jaunpur to decide a pending 6-C application in Original Suit No. 604 of 2025. The High Court examined the petition and, finding no merit to be adjudicated at this stage, 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-C application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. It was clarified that the High Court had not decided the substantive issues of the original suit. Consequently, the writ petition was dismissed and the matter was left to the lower court for determination.

Issues considered

Whether the High Court can, under Article 227, direct a subordinate civil judge to decide a pending 6-C application in an original suit.
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 subordinate court
high court jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12379 of 2026

                                    Ajay
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    Dinesh Kumar And 10 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Shiva Priya Prasad
                                    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), Shahar, Jaunpur to decide 6-C application filed in
                                    Original Suit No.604 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 (Junior Division), Shahar, Jaunpur to decide 6-C
                                    application filed in Original Suit No.604 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.



                                                                                       (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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