Allahabad High Court
SHYAMBIHARIversusVIPIN KUMAR DUBEY AND 12 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court ordered the Civil Judge (Senior Division) Etawah to decide the 6C application in the original suit expeditiously within eight months and disposed of the writ petition.
Summary
The petitioner, Shyambihari, filed a writ petition under Article 227 seeking the High Court to direct the Civil Judge (Senior Division) of Etawah to decide a 6C application in original suit No. 108 of 2026 concerning disputed lands, to maintain status quo, and to restrain the respondents from selling the lands. The petition also requested an expeditious decision, preferably within a stipulated period. The Court noted that the underlying suit was already pending and that the petition would not serve any useful purpose if kept alive. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the 6C application within eight months without unnecessary adjournments, while adhering to law. No further reliefs were granted.
Issues considered
- Whether the High Court can issue a direction to a subordinate civil court to decide a pending 6C application expeditiously.
- Whether the High Court can order a status quo to be maintained in the underlying civil suit.
- Whether the High Court can restrain the respondents from selling the disputed lands through a writ jurisdiction.
Subjects
- Article 227
- writ petition
- civil suit
- 6C application
- status quo
- restraining order
- expeditious disposal
- land dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5855 of 2026
Shyambihari
.....Petitioner(s)
Versus
Vipin Kumar Dubey And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lavkush Dixit
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 present petition has been preferred seeking the following reliefs:-
"(i) Issue any other order or Direction directing the Civil Judge (Senior
Division) Etawah to decide the 6C application in original suit no. 108 of
2026 (Shyambihari Versus Vipin Kumar Dubey and other) in disputed land
no.662 and 876 situated in village Kukepura Mauja Bijauli, Tehsil-
Bharthana, District-Etawah, pending in the court of Civil Judge (Senior
Division) Etawah expeditiously,, if possible within a stipulated period fixed
by this Hon'ble Court.
(ii) Issue any other order or Direction, directing the parties to maintain
status quo in original suit no.108 of 2026 (Shyambihari Versus Vipin Kumar
Dubey and other) pending before Civil Judge Senior Division Etawah in
disputed land no.662 and 876 situated in village Kukepura Mauja Bijauli,
Tehsil- Bharthana, District-Etawah.
(iii) Issue any other order Direction restraining the respondents from
selling the disputed land no.662 and 876 situated in village Kukepura Mauja
Bijauli, Tehsil Bharthana, District-Etawah."
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.
A227 No. 5855 of 2026
2
6. In view of the above, this writ petition stands disposed of with a direction
to the Civil Judge (Senior Division) Etawah to decide the 6C application in
Original Suit no. 108 of 2026 (Shyambihari Versus Vipin Kumar Dubey and
other) in disputed land no.662 and 876 situated in village Kukepura Mauja
Bijauli, Tehsil- Bharthana, District-Etawah, expeditiously, preferably within
eight months, strictly in accordance with law, without granting any
unnecessary adjournments, subject to legal impediment.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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