Allahabad High Court

SHANKAR LAL AND ANOTHERversusSMT. SABIYA BEGUM AND ANOTHER

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court directed the Civil Judge to decide the 6-C application within a month and disposed of the writ petition at the admission stage without adjudicating the merits.

Summary

The petitioners Shankar Lal and another filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Allahabad, to decide a Section 6-C application filed in Original Suit No.1707 of 2026. The High Court, noting that keeping the matter pending would serve no useful purpose, disposed of the 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. The writ petition was therefore disposed of without any adjudication on the merits. The order emphasizes that the Court has not decided the substantive issues of the original suit.

Issues considered

Whether the writ petition under Article 227 seeking a direction to a civil judge should be entertained at the admission stage
Whether the High Court can direct the Civil Judge to decide a Section 6-C application without hearing the respondents

Subjects

Article 227
writ petition
Civil Procedure Code
Section 6-C application
admission stage disposal
direction to lower court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12433 of 2026

                                    Shankar Lal And Another
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Smt. Sabiya Begum And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Jay Prakash Patel, Kuar Singh
                                    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), Allahabad to decide 6-C application filed in
                                    Original Suit No.1707 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 (Junior Division), Allahabad to decide 6-C application
                                    filed in Original Suit No.1707 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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