Created by Fuzzy Cloud

Allahabad High Court

PRAHLADversusGULAB AND ANOTHER

Decided

Holding

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

Summary

The petitioner, Prahlad, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Gorakhpur to decide a 7-C application pending in Original Suit No. 890 of 2017. The High Court observed that keeping the matter pending served no useful purpose and disposed of the writ 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 7-C application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The petition was therefore disposed of without any adjudication on the merits. The order clarified that the High Court did not pass any substantive decision on the underlying dispute.

Issues considered

  • What is the appropriate jurisdiction of the High Court under Article 227 to direct a subordinate civil court to decide a pending application?
  • Whether the writ petition should be entertained or disposed of at the admission stage without hearing the respondents.

Subjects

  • Writ petition
  • Article 227
  • Civil Procedure Code
  • 7-C application
  • Direction to lower court
  • High Court disposal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13703 of 2026

                                    Prahlad
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Gulab And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Amit Kumar Chaurasia, Bhanu Prakash
                                                                       Verma, Pinkee Maurya
                                    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), Gorakhpur to decide 7-C application filed in
                                    Original Suit No.890 of 2017.

                                    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), Gorakhpur to decide 7-C application
                                    filed in Original Suit No.890 of 2017, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.