Allahabad High Court

HARIGEN AND ANOTHERversusCHHOTELAL AND 7 OTHERS

Decided: 22 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge (Junior Division), City Jaunpur to decide the 6‑C application and disposed of the writ petition without reaching the merits.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), City Jaunpur, to decide a 6‑C application filed in Original Suit No. 508 of 2026. The High Court observed that keeping the petition pending would serve no useful purpose and therefore disposed of it 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 receiving a certified copy of the order. The petition was consequently disposed, and the Court expressly stated that it had not adjudicated the merits of the underlying dispute. The order was signed by Justice Rohit Ranjan Agarwal on 23 September 2026.

Issues considered

Whether the High Court can, under Article 227, direct a lower 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 direction
High Court disposal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13274 of 2026

                                    Harigen And Another
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Chhotelal And 7 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Dilip Kumar Dubey
                                    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), City Jaunpur to decide 6-C application filed in
                                    Original Suit No.508 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), City Jaunpur to decide 6-C application
                                    filed in Original Suit No.508 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 23, 2026
                                    SK Goswami




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

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