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Allahabad High Court

ANIL JAISWAL AND ANOTHERversusKM. LAXMI DEVI AND 2 OTHERS

Decided

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


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