Allahabad High Court

MAHARJ SINGHversusMANMOHAN SINGH

Decided: 23 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court directed the Civil Judge to decide the 7‑C2 application within a month, disposing of the writ petition without adjudicating its merits.

Summary

Maharj Singh filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Konch, Jalaun, to decide a 7‑C2 application pending in Original Suit No. 399 of 2023. The High Court observed that keeping the petition pending served no useful purpose and disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to the respondent. The Court directed the Civil Judge to 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. It was expressly stated that the Court did not adjudicate the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

Whether the High Court should issue a direction to the Civil Judge to decide the pending 7‑C2 application in Original Suit No. 399 of 2023?

Subjects

Article 227
writ petition
civil procedure
admission stage disposal
direction
original suit
7-C2 application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13397 of 2026

                                    Maharj Singh
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    Manmohan Singh
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Harshit Pratap 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 (Junior Division), Konch, Jalaun to decide 7-C2 application filed in
                                    Original Suit No.399 of 2023.

                                    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 the sole respondent, with a direction
                                    upon Civil Judge (Junior Division), Konch, Jalaun to decide 7-C2
                                    application filed in Original Suit No.399 of 2023, 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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