Allahabad High Court

SHANKAR LAL GUPTAversusLALJI GUPTA AND 5 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 reaching the merits.

Summary

Petitioner Shankar Lal Gupta filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Jaunpur, to decide a pending 6-C application in Original Suit No.822 of 2024. The High Court observed that keeping the matter pending would serve no useful purpose and disposed of the petition at the admission stage. 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. No counter‑affidavit was called for and no notice was issued to private respondents. The Court expressly stated that it had not adjudicated the merits of the underlying suit.

Issues considered

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

Subjects

Article 227
Writ petition
Civil Procedure Code
6-C application
Judicial supervision
Direction to lower court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12383 of 2026

                                    Shankar Lal Gupta
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Lalji Gupta And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Ashok Kumar Pandey, Vijai Prakash
                                                                       Tiwari
                                    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), Jaunpur to decide 6-C application filed in Original
                                    Suit No.822 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 (Senior Division), Jaunpur to decide 6-C application filed
                                    in Original Suit No.822 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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