Allahabad High Court

JAI NARAYAN SINGHversusVASUDEV AND 25 OTHERS

Decided: 23 September 2026
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 adjudicating its merits.

Summary

The petitioner, Jai Narayan Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Kaushambi to decide a pending 6‑C application in Original Suit No.143 of 2025. The High Court examined the petition at the admission stage and found that keeping the matter pending would serve no useful purpose. Consequently, the Court disposed of the writ petition without calling for a counter‑affidavit or issuing notice to the private respondents. It issued a direction that the Civil Judge should 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 Court expressly stated that it had not adjudicated the merits of the underlying dispute.

Issues considered

Whether the High Court can, under Article 227, direct a lower court to decide a pending 6‑C application without a full hearing of the writ petition.
Whether the writ petition can be disposed of at the admission stage without issuing notice to the respondents.

Subjects

Article 227
writ petition
civil procedure
6-C application
admission stage disposal
High Court jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 13394 of 2026

                                    Jai Narayan Singh
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Vasudev And 25 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Lalit Kumar Srivastava, Manoj 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 (Senior Division), Kaushambi to decide 6-C application filed in
                                    Original Suit No.143 of 2025.

                                    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), Kaushambi to decide 6-C application
                                    filed in Original Suit No.143 of 2025, 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 24, 2026
                                    SK Goswami




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

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