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2025 DAILYLAW 142075 (ALL)

RAM PIYAREY v. A D J SULTANPUR

WRIC/1003550/2009 · 2025-08-11

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46866 Court No. - 6 Case :- WRIT - C No. - 1003550 of 2009 Petitioner :- Ram Piyarey Respondent :- A D J Sultanpur Counsel for Petitioner :- H S Tiwari,Hari Shanker Tewari,Virendra Kumar Shukla Counsel for Respondent :- C.S.C.,Jai Shanker Shukla Hon'ble Pankaj Bhatia,J. I.A. Nos.6 and 7 of 2023 The application has been filed seeking recall of the order dated 17.01.2023 along with delay condonation application. The cause shown is sufficient. The delay in filing the recall application is condoned. The order dated 17.01.2023 is recalled. C.M.A. Nos.126735 and 126736 of 2014 The delay condonation application has been filed in support of substitution application stating that petitioner Nos.1 and 2 died leaving behind the legal heirs, which are proposed to be brought on record. The delay in filing the substitution application is allowed. The delay is condoned. Substitution of petitioner Nos.1 and 2 is allowed. Order on Writ Petition Heard learned counsel for the petitioner. The present petition has been filed challenging the order dated 30th July, 2007, whereby the revision preferred by the opposite party against an order allowing the amendment came to be allowed as well as the order dated 18.05.2009, whereby an application for recalling the order was also rejected. The revisional court in its order considered the facts and recorded that despite notice, no one was present. In the application filed for recall of the said order, no facts as are being argued here was pleaded. Considering the fact that the orders impugned are interlocutory in nature, no interference is called for. However, it is provided that after the suit is decided, the petitioners if still aggrieved would be entitled to raise additional ground while preferring an appeal. The writ petition stands disposed of. As the suit is very old, the trial court is directed to decide the suit expeditiously, preferably within a period of one year from today. The Senior Registrar is directed to send a copy of this order to the trial court for compliance. Order Date :- 11.8.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench