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2025 DAILYLAW 12477 (ALL)

SMT. GULIYA DEVI v. INDRASAN AND 2 OTHERS

A227/923/2025 · 2025-01-27

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13593 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 923 of 2025 Petitioner :- Smt. Guliya Devi Respondent :- Indrasan And 2 Others Counsel for Petitioner :- Ashok Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "(i) To issue direction directing the learned Civil Judge (Junior Division), Court No. 10, Deoria to decide the Misc. Case No. 103 of 2014 (Guliya Vs. Mamta Devi & others), Under Order-9, Rule13 & 151 C.P.C expeditiously as early as possible within stipulated time fixed by this Hon'ble Court." It is contended that the suit preferred by the plaintiff-respondent was decreed ex parte against which the defendant petitioner had moved recall application under Order 9 Rule 13 CPC which is registered as Misc. Case No.103 of 2014. The sole prayer made in the writ petition is for expeditious disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division), Court No. 10, Deoria to decide the Misc. Case No.103 of 2014 the pending mutation proceedings, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 27.1.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad