Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35389 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned recovery certificate dated 20.5.2024 (Annexure No.1 to the writ petition), amounting to Rs.977800/-interest issued by respondent no.3. (ii) issue a writ, order or direction in the nature of mandamus commanding the learned Motor Accident Claims Tribunbal, Jaunpur to decide the Misc. Case No.117 of 2024 (Pushpa Vs. Ram Prasad), under Order 9 Rule 13 C.P.C. filed by the petitioner for setting aside ex-parte decree/award dated 6.4.2023 passed in M.A.C.P. No.278 of 2018, within the time stipulated by this Hon'ble Court."
3. Contention of the learned counsel for the petitioner is that an application under Order 9 Rule 13 C.P.C. is pending since 2024 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition pending.
5. Accordingly, the present petition stands disposed of finally with a direction to the Motor Accident Claims Tribunbal, Jaunpur to consider and Versus Counsel for Petitioner(s) : Somendra Singh, Ajeet Shukla Counsel for Respondent(s) : C.S.C. Pushpa Pandey .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
decide the aforesaid application, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. October 9, 2025 Ved Prakash WRIC No. 35389 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad