Allahabad High Court
MOHAMMAD IRFANversusMOHAMMAD ARSHAD ALAM AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge (J.D.)/F.T.C. (C.A.W.), Kanpur to decide the 6C application within eight months, without unnecessary adjournments, thereby disposing of the writ petition.
Summary
Petitioner Mohammad Irfan filed a writ petition under Article 227 seeking a direction that the Civil Judge (J.D.)/F.T.C. (C.A.W.) in Kanpur decide the 6C application in Original Suit No. 246 of 2026 against respondent Mohammad Arshad Alam and others expeditiously, preferably within a stipulated period, and to maintain the status quo during its pendency. The petition also requested that notices not be issued to respondents 1 and 2. The Court observed that keeping the writ petition pending would serve no useful purpose while the suit itself was pending. Consequently, the Court disposed of the writ petition, directing the civil court to decide the 6C application within eight months without unnecessary adjournments, subject to any legal impediment. The direction also implicitly maintains the status quo until the application is decided.
Issues considered
- Whether the High Court can direct a subordinate civil court to decide a 6C application expeditiously within a fixed time‑frame.
- Whether a status‑quo order is appropriate during the pendency of the 6C application.
Subjects
- Article 227
- Writ petition
- Expeditious disposal
- 6C application
- Status quo
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6218 of 2026
Mohammad Irfan
.....Petitioner(s)
Versus
Mohammad Arshad Alam And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Namit Srivastava, Parvez Ahmad
Counsel for Respondent(s) : Abhinava Krishna Srivastava
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Namit Srivastava, learned counsel for the writ petitioner and Sri
Sanjeet Kumar Dubey (AoR No. A/S 0028/22) holding brief of Sri Abhinava
Krishna Srivastava for Respondent No.3.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondent nos. 1 and 2.
3. The present petition has been preferred seeking the following reliefs:-
"a. Issue an order or direction and direct to decide the 6C application filed
in Original Suit No. 246 of 2026 (Mohammad Irfan Vs. Mohammad Arshad
Alam & Others) pending before the Civil Judge (J.D.)/F.T.C. (C.A.W.),
Kanpur Nagar expeditiously preferably within a stipulated period of time as
fixed by this Hon'ble Court.
b. Issue an order or direction to the parties to maintain status quo during
pendency of the 6C application filed in Original Suit No. 246 of 2026
(Mohammad Irfan Vs. Mohammad Arshad Alam & Others) pending before
the Civil Judge (J.D.)/F.T.C. (C.A.W.), Kanpur Nagar."
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 (J.D.)/F.T.C. (C.A.W.), Kanpur Nagar to decide 6C
application filed in Original Suit No. 246 of 2026 (Mohammad Irfan Vs.
A227 No. 6218 of 2026
2
Mohammad Arshad Alam & Others), expeditiously, preferably within eight
months, strictly in accordance with law, without granting any unnecessary
adjournments, subject to legal impediment.
May 5, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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