Allahabad High Court
ANIL JAISWAL AND ANOTHERversusKM. LAXMI DEVI AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the 6‑C application within a month and disposed of the writ petition without reaching the merits.
Summary
The petitioners, Anil Jaiswal and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)/FTC, Kanpur Nagar to decide a 6‑C application filed in Original Suit No.2306 of 2024. The High Court found that keeping the matter pending would serve no useful purpose and 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 expressly stated that the Court did not adjudicate the merits of the underlying case. Consequently, the writ petition stands disposed.
Issues considered
- What is the appropriate jurisdiction of the High Court under Article 227 to direct a lower court to decide a pending 6‑C application?
- Whether the writ petition should be entertained on merits or can be disposed at the admission stage without hearing the respondents?
Subjects
- Article 227
- Writ petition
- 6-C application
- Civil Procedure
- Admission stage disposal
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13262 of 2026
Anil Jaiswal And Another
.....Petitioner(s)
Versus
Km. Laxmi Devi And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prakhar Tandon
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)/FTC, Kanpur Nagar to decide 6-C application filed
in Original Suit No.2306 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)/FTC, Kanpur Nagar to decide 6-C
application filed in Original Suit No.2306 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 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…