Allahabad High Court
SHAUKAT AND 4 OTHERSversusACHCHHELAL
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed with a direction to the Civil Judge (Junior Division) Shahganj, Jaunpur to decide the 6C application within eight months, subject to service of notice and hearing.
Summary
The petitioners Shaukat and four others filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) Shahganj, Jaunpur to decide a 6C application dated 10 May 2023 in suit No. 673 of 2023. The petition argued that the pending suit required an expeditious decision on the application. The High Court noted that the suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the lower court to decide the 6C application within eight months, after serving notice to all respondents and providing a hearing, unless another legal impediment exists. The order was signed on 5 May 2026.
Issues considered
- Whether the High Court can issue a mandatory direction to a subordinate civil court to decide a pending 6C application within a specified time frame
- Whether the writ petition should be dismissed as the underlying suit is still pending
Subjects
- Article 227
- writ petition
- civil procedure
- 6C application
- direction
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6242 of 2026
Shaukat And 4 Others
.....Petitioner(s)
Versus
Achchhelal
.....Respondent(s)
Counsel for Petitioner(s) : Pramod Kumar Pandey, Preetam Kumar
Bharti
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 direction to the
court of Civil Judge (Junior Division) Shahganj Jaunpur to decide the 6C
application dated 10.05.2023 filed in Case No.673 of 2023 (Achchhelal
Shaukat and others). Vs. Shaukat and others).
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 court of Civil Judge (Junior Division) Shahganj Jaunpur to decide the
6C application dated 10.05.2023 filed in Case No.673 of 2023 (Achchhelal
Shaukat and others). Vs. Shaukat and others), in accordance with law, within
a period of eight months, after ensuring service of notice upon all the
respondents and providing opportunity of hearing to all the concerned
parties, provided there is no other legal impediment.
May 5, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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