Allahabad High Court

GULABI DEVIversusCHANDRAKALA AND 2 OTHERS

Decided: 23 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the 7‑C2 application and disposed of the writ petition without adjudicating the merits.

Summary

The petitioner, Gulabi Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), City, Azamgarh, to decide a 7‑C2 application filed in Suit No. 1702 of 2026. 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 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 7‑C2 application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The Court expressly clarified that it had not adjudicated the merits of the underlying suit. The writ petition was therefore disposed of without any substantive determination on the merits.

Issues considered

Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending application in a suit.
Whether the writ petition should be entertained on merits or disposed at the admission stage.

Subjects

Article 227
Writ petition
Civil Procedure
Direction to lower court
Admission stage disposal
7-C2 application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13396 of 2026

                                    Gulabi Devi
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Chandrakala And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Vinod Kumar Yadav
                                    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, Azamgarh to decide 7-C2 application filed in
                                    Suit No.1702 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, Azamgarh to decide 7-C2
                                    application filed in Suit No.1702 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 24, 2026
                                    SK Goswami




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

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