Allahabad High Court
INTEJAR AHMAD AND ANOTHERversusMOHD. SALEEM @ SALLAN AND 7 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Additional Civil Judge to decide the 6-C application and disposed of the writ petition without reaching the merits.
Summary
The petitioners filed a writ petition under Article 227 of the Constitution seeking a direction to the Additional Civil Judge (Senior Division) to decide a 6-C application filed in Original Suit No. 827 of 2022. The High Court observed that keeping the matter 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 Additional 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 Court expressly stated that it had not adjudicated the merits of the underlying dispute. The order thus concludes the writ petition procedurally, leaving the substantive issues to be resolved by the trial court.
Issues considered
- Whether the writ petition under Article 227 seeking a direction to decide a 6-C application should be entertained.
- Whether the High Court can direct the trial court to decide the 6-C application without hearing the parties to the writ petition.
Legislation cited
- Constitution of India — s. Article 227
Subjects
- writ petition
- Article 227
- 6-C application
- procedural disposal
- High Court direction
- Original Suit No. 827 of 2022
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13743 of 2026
Intejar Ahmad And Another
.....Petitioner(s)
Versus
Mohd. Saleem @ Sallan And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Shurjeel Najam, Roshni Ibrahim
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
Additional Civil Judge (Senior Division) to decide 6-C application filed in
Original Suit No.827 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 Additional Civil Judge (Senior Division) to decide 6-C application
filed in Original Suit No.827 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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