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2025 DAILYLAW 143342 (ALL)

SMT.MAHESH KUMARI v. DISTRICT JUDGE RAIBARELI AND ORS

WRIC/1001756/2011 · 2025-04-03

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18646 Court No. - 8 Case :- WRIT - C No. - 1001756 of 2011 Petitioner :- Smt.Mahesh Kumari Respondent :- District Judge Raibareli And Ors Counsel for Petitioner :- Mohd.Aslam Khan Counsel for Respondent :- Subodh Awasthi,Gaurav Mehrotra,Hem Chandra Bajpai,Maneesh Kumar Hon'ble Jaspreet Singh,J. 1. None appears for the petitioner. 2. On 25.03.2025, this Court had passed following order, which reads as under:- "This petition has been preferred assailing the order dated 11.2.2011 passed in appeal under Order 43 Rule 1 (r) C.P.C. The record further indicates that the a Co-ordinate Bench of this Court by means of the order dated 25.3.2011 had stayed the operation of the order passed by the First Appellate Court in Misc. Writ, however, there was no stay to the proceedings. Since the suit was of the year 2010 and the petition has been engaging the attention of this Court since 2011, learned counsel for the petitioner could not indicate the status of the trial. None has put in appearance on behalf of the private respondent despite the fact that names of Shri Hem Chandra Bajpai and Shri Maneesh Kumar, Advocate has been shown in the cause list as counsel for the respondents. Shri Gaurav Mehrotra, learned counsel who usually appears for the High Court is directed to ascertain the status of suit bearing Original Suit No.309 of 20210. pending in the court of Civil Judge (S.D.), Raebareli. Office is directed to print the name of Shri Gaurav Mehrotra, Advocate in the cause list whenever the case is listed next. List this case on 3.4.2025." 3. In pursuance of the aforesaid order, Shri Vijay Dixit, who appears for the High Court, has provided copy of the written instructions dated 01.04.2025 wherein it has been indicated that Regular Suit No. 309 of 2010 (Sarla Tiwari and others Vs. Smt. Mahesh Kumari and others) has been decided on the basis of compromise between the parties vide order dated 27.02.2013 passed by the Additional Civil Judge (Senior Division), Court No. 14, Raebareli. 4. In view of aforesaid, nothing survives to be adjudicated in this petition, which is accordingly dismissed. Interim order, if any, stands vacated. Consign to record. Order Date :- 3.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench