Allahabad High Court

LALBRAT MAURYAversusPREM KUMAR MAURYA AND 2 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court directed the Civil Judge to decide the 6-C application within a month and disposed of the writ petition without reaching the merits.

Summary

Lalbrat Maurya filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Varanasi, to decide a pending 6-C application in Suit No.1647 of 2024. The High Court, after noting that keeping the matter pending served no useful purpose, disposed of the petition 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 6-C application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The direction was issued to ensure speedy disposal, and the High Court expressly stated that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition stands disposed.

Issues considered

Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending 6-C application in a suit.
Whether the writ petition can be disposed of at the admission stage without hearing the respondents.

Subjects

Article 227
Writ petition
Civil Procedure
6-C application
Direction to lower court
High Court jurisdiction
Petition disposal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 13700 of 2026

                                    Lalbrat Maurya
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Prem Kumar Maurya And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Gyanedra 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 (Senior Division), Varanasi to decide 6-C application filed in Suit
                                    No.1647 of 2024.

                                    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), Varanasi to decide 6-C application filed
                                    in Suit No.1647 of 2024, 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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