Allahabad High Court
RAJKUMAR AND 14 OTHERSversusBALGOVIND AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage and directed the Civil Judge to decide the 7‑C2 application within a month, without adjudicating the merits.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Dumariyaganj, Siddharthnagar to decide a 7‑C2 application filed in Original Suit No.113 of 2019. The High Court found that keeping the petition pending would serve no useful purpose and 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 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 writ petition was thereby disposed, and the Court expressly stated that it had not adjudicated the merits of the underlying dispute. The order is dated 30 September 2026 and signed by Justice Rohit Ranjan Agarwal.
Issues considered
- Whether the High Court should entertain the writ petition seeking a direction to the lower court under Article 227
- Whether the petition should be disposed at the admission stage without hearing the respondents
Subjects
- Article 227
- Writ petition
- Civil Procedure
- 7-C2 application
- Admission stage disposal
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13671 of 2026
Rajkumar And 14 Others
.....Petitioner(s)
Versus
Balgovind And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Awadhesh 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), Dumariyaganj, Siddharthnagar to decide 7-C2
application filed in Original Suit No.113 of 2019.
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), Dumariyaganj, Siddharthnagar to decide
7-C2 application filed in Original Suit No.113 of 2019, 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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