Allahabad High Court
OMKAR NATH TIWARIversusAVANISH TIWARI AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Civil Judge to decide the 6-C application expeditiously and disposed of the writ petition.
Summary
The petitioner, Omkar Nath Tiwari, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.), City, Jaunpur, to decide a 6-C application filed in Original Suit No. 463 of 2025 against the respondents. The petitioner’s counsel requested that the pending suit be decided expeditiously. The High 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 Judge to decide the 6-C application promptly, without unnecessary adjournments, subject to any legal impediment. The order was dated 18 May 2026.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a direction to a lower civil court to decide a pending application expeditiously.
- Whether the writ petition should be dismissed as the underlying suit is still pending.
Subjects
- Article 227
- supervisory jurisdiction
- writ petition
- expeditious disposal
- civil procedure
- 6-C application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6815 of 2026
Omkar Nath Tiwari
.....Petitioner(s)
Versus
Avanish Tiwari And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Jayaswal, Rajesh Kumar
Singh
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 is for a direction to
the Civil Judge (J.D.), City, Jaunpur to decide the 6-C Application filed by
the petitioner in Original Suit No. 463 of 2025 (Omkar Nath Tiwari Versus
Avanish Tiwari and Others), pending before him, within stipulated period as
fixed 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 (J.D.), City, Jaunpur to decide the 6-C Application filed
by the petitioner in Original Suit No. 463 of 2025 (Omkar Nath Tiwari
Versus Avanish Tiwari and Others), expeditiously, strictly in accordance
with law, without granting any unnecessary adjournments, subject to legal
impediment.
May 18, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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