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2025 DAILYLAW 114171 (ALL)

NATHU RAM v. RAKESH KUMAR AGARWAL AND ORS.

A227/6318/2009 · 2025-03-27

Pankaj Bhatia

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17761 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 6318 of 2009 Petitioner :- Nathu Ram Respondent :- Rakesh Kumar Agarwal And Ors. Counsel for Petitioner :- Manish Mathur,Anand Dubey,Dinesh Chandra Shukla,Shailendra Singh,Vinod Pandey Counsel for Respondent :- C.S.C.,Bijendra Kumar,Jai Prakash Yadav Hon'ble Pankaj Bhatia,J. 1. None turned up on behalf of the petitioner even in the revised call. 2. The present petition has been filed by the petitioner against an order whereby an application for recall of the decree under Order 9 Rule 13 was rejected as well as the appeal preferred against the same was dismissed. 3. The original suit is of the year 1996 and the same was filed for seeking a decree of removal of the obstruction which was unauthorized. The said suit was decreed exparte and after substantial time, an order 9 Rule 13 application has been filed, which has been dismissed. 4. Considering the detailed order passed by the appellate Court, I do not see any reason to interfere. The petition is accordingly dismissed. Order Date :- 27.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench