Allahabad High Court

SURENDRA KUMAR PATHAKversusRAVIKARAN SHARMA AND ANOTHER

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 the writ petition without adjudicating its merits.

Summary

Surendra Kumar Pathak filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Sikandramau, Hathras, to decide a 7-C application filed in Original Suit No.213 of 2022. 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 receiving a certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying dispute.

Issues considered

What procedural propriety governs the issuance of a direction by a High Court under Article 227 to a subordinate civil judge to decide a pending application?
Whether the writ petition should be entertained on merits or disposed at the admission stage.

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13719 of 2026

                                    Surendra Kumar Pathak
                                                                                                     .....Petitioner(s)
                                                                         Versus

                                    Ravikaran Sharma And Another
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Anjani Kumar Shahwal
                                    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), Sikandramau, Hathras to decide 7-C application
                                    filed in Original Suit No.213 of 2022.

                                    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), Sikandramau, Hathras to decide 7-C
                                    application filed in Original Suit No.213 of 2022, 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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