Allahabad High Court
AKASH CHAURASIYAversusSHIV KUMAR OJHA AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Civil Judge to decide the 6‑C2 application expeditiously, after due notice and hearing.
Summary
The petitioner, Akash Chaurasiya, filed a writ petition under Article 227 seeking a direction to the Civil Judge (J.D.) Purvi, Ballia, to decide a 6‑C2 application filed in suit O.S. No. 376 of 2026. The petitioner argued that the application should be decided expeditiously. The High Court noted that the underlying 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 civil court to decide the 6‑C2 application promptly, after serving notice to all respondents and providing a hearing, subject to the absence of any other legal impediment.
Issues considered
- Whether the High Court can issue a writ directing the lower civil court to decide a pending 6‑C2 application under Order 39 Rule 1 CPC
- Whether the writ petition should be dismissed as it serves no useful purpose while the main suit is pending
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 1
Subjects
- Article 227
- Writ petition
- Civil Procedure Code
- Order 39
- 6‑C2 application
- Expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6858 of 2026
Akash Chaurasiya
.....Petitioner(s)
Versus
Shiv Kumar Ojha And Another
.....Respondent(s)
Counsel for Petitioner(s) : Anita Srivastava, Ravi Kumar Mishra
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 learned Court of Civil Judge (J.D.) Purvi, Ballia to decide the
6-C2 application under order 39 Rule 1 C.P.C. file in the O.S. No. 376 of
2026 (Akash Chaurasiya Vs. Shiv Kumar Ojha & Another), 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 learned Court of Civil Judge (J.D.) Purvi, Ballia to decide the 6-C2
application under order 39 Rule 1 C.P.C. file in the O.S. No. 376 of 2026
(Akash Chaurasiya Vs. Shiv Kumar Ojha & Another), in accordance with
law, expeditiously, 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 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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