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Allahabad High Court

RAJKUMAR AND 14 OTHERSversusBALGOVIND AND 4 OTHERS

Decided

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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