Allahabad High Court

VIRENDRAversusPRAMOD KUMAR AND 3 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the 7‑C application within a month and disposed of the writ petition without reaching the merits.

Summary

Virendra filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Mathura to decide a 7‑C application filed in Original Suit No. 855 of 2020. The High Court observed that keeping the petition pending would serve no useful purpose. Consequently, the Court disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the Civil Judge to decide the 7‑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 case.

Issues considered

Whether the High Court can, under Article 227, direct a subordinate civil judge to decide a pending 7‑C application in an original suit.

Subjects

Article 227
Writ petition
Civil Procedure
7‑C application
High Court direction
Admission stage disposal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13650 of 2026

                                    Virendra
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Pramod Kumar And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Piyush Kumar Tiwari
                                    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),-III, Mathura to decide 7-C application filed in
                                    Original Suit No.855 of 2020.

                                    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),-III, Mathura to decide 7-C application
                                    filed in Original Suit No.855 of 2020, 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 30, 2026
                                    SK Goswami




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

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