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Allahabad High Court

MOHAMMAD FAIZANversusSHIBBU AHMAD AND 2 OTHERS

Decided

Holding

The High Court directed the Civil Judge (Junior Division) Hawali, Azamgarh to decide the 6-C application within eight months, thereby disposing of the writ petition.

Summary

The petitioner, Mohammad Faizan, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Hawali, Azamgarh to decide a pending 6-C application in Original Suit No. 4139 of 2025 (Shibbu Ahmad & others v. Mohd Faizan) within a stipulated time. The petitioner’s counsel urged an expeditious disposal of the suit. The Court observed that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the High Court disposed of the writ petition, directing the lower court to decide the 6-C application within eight months of receiving the certified copy of the order, without unnecessary adjournments, subject to any legal impediment. The petition was thus dismissed with a specific directive to the lower court.

Issues considered

  • Whether the High Court can issue a writ directing a lower civil court to decide a pending 6-C application within a specified time frame under Article 227.

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • 6-C application
  • expeditious disposal
  • direction to lower court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5815 of 2026

                                    Mohammad Faizan
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    Shibbu Ahmad And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Avesh Ahamad, Ilma Naz, Mohammed
                                                                       Iftekhar
                                    Counsel for Respondent(s)        :

                                    Court No. - 5
                                                        HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    3. The solitary relief claimed in the present writ petition for a writ, order or
                                    direction to the Civil Judge (Junior Division) Hawali, Azamgarh to decide
                                    the 6-C Application filed in the Original Suit No. 4139 of 2025-"(Shibbu
                                    Ahmad and others Vs. Mohd Faizan)", pending before it within stipulated
                                    time, as may deem fit and proper by this Hon'ble Court.

                                    4. Learned counsel prayed that the said suit may be decided, expeditiously.

                                    5. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to the Civil Judge (Junior Division) Hawali, Azamgarh to decide the 6-C
                                    Application filed in the Original Suit No. 4139 of 2025-"(Shibbu Ahmad and
                                    others Vs. Mohd Faizan)", in accordance with law, expeditiously, within a
                                    period of eight months from the date of presentation of the certified copy of
                                    the order without granting unnecessary adjournments subject to legal
                                    impediment.

                                    May 6, 2026
                                    Ashu
                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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