HARI SHANKAR UPADHYAY v. CIVIL JUDGE (J.D.) II FAIZABAD AND 3 OTHERS
A227/2732/2025 · 2025-05-09
Pankaj Bhatia
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 138994 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138994 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27227 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2732 of 2025 Petitioner :- Hari Shankar Upadhyay Respondent :- Civil Judge (J.D.) Ii Faizabad And 3 Others Counsel for Petitioner :- Anil Kumar Maurya,Siddharth Raj Gupta Hon'ble Pankaj Bhatia,J.
1. Heard Ms. Priyanshi Maurya, learned counsel for the petitioner and perused the record.
2. The present petition has been filed by the petitioner with the following prayer :-
"(i). Issue order or direction to the opposite party no. 1- Civil Judge (JD) II Faizabad/Ayodhya to decide the Original Suit No. 527/2019, Hari Shankar Upadhyay Vs. Amrawati and others, for permanent injunction and cancellation of sale deed expeditiously within stipulated period of time in accordance with law."
3. The contention of the counsel for the petitioner is that despite the suit is pending since the year 2019, the defendants have not filed their written statement and other defendants, who have been served through publication, have not put in appearance.
4. Considering the said averment, the present petition is
disposed of permitting the petitioner to file an application under Order 8 Rule 10 CPC as well as for proceedings exparte against the defendants, who have not put in appearance. In case, such an application application is filed, the same shall be decided in accordance with the provisions of Order 8 Rule 10 of CPC within a period of three months.
Order Date :- 9.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench