Allahabad High Court

VED PRAKASHversusALIHASAN AND 5 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court directed the Civil Judge to decide the 6‑C2 application and disposed of the writ petition without reaching the merits.

Summary

The petition was filed by Ved Prakash seeking a direction to the Senior Division Civil Judge, Basti, to decide a 6‑C2 application pending in Original Suit No. 476 of 2026. The High Court, exercising its supervisory jurisdiction under Article 227, noted that keeping the matter pending served no useful purpose. At the admission stage, the Court disposed of the writ without calling for a counter‑affidavit or issuing notice to the private respondents. It directed the civil judge to decide the 6‑C2 application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the underlying suit.

Issues considered

Whether the High Court can, under Article 227, direct a subordinate civil judge to decide a pending 6‑C2 application?
Whether a writ petition may be disposed at the admission stage without hearing the respondents?

Subjects

Article 227
writ petition
civil procedure
6-C2 application
admission stage
direction
High Court
supervisory jurisdiction

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 13722 of 2026

                                    Ved Prakash
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Alihasan And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Sheetala Prasad Pandey
                                    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), Basti to decide 6-C2 application filed in Original
                                    Suit No.476 2026.

                                    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), Basti to decide 6-C2 application filed in
                                    Original Suit No.476 2026, 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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