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2025 DAILYLAW 158691 (ALL)

SUNDAR LAL MAHAPATRA v. RAVINDRA KUMAR AND 4 OTHERS

A227/4941/2025 · 2025-08-21

Manish Kumar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:48973 Court No. - 17 Case :- MATTERS UNDER ARTICLE 227 No. - 4941 of 2025 Petitioner :- Sundar Lal Mahapatra Respondent :- Ravindra Kumar And 4 Others Counsel for Petitioner :- Birendra Narain Shukla,Prabhaw Kumar Tripathi Hon'ble Manish Kumar,J. The present writ petition has been preferred with the following prayer:- "I. Issue an appropriate order or direction directing the learned Trial Court to decide the Misc. Case No. 91 of 2023 [Sundar Lal Mahapatra vs. Rajendra Prasad (Dead) survived by Lrs], under Order 9 Rule 4 C.P.C. seeking recall of order dated 5.4.2023 passed in O.S. No. 113/2012 (Sundar Lal Mahapatra vs. Rajendra Prasad), whereby the suit was dismissed for non compliance of the court order and default of plaintiff/petitioner, pending before the court of Civil Judge (Senior Division), Court No. 15, Sultanpur, expeditiously within the time as framed by this Hon'ble Court." After arguing at some length, learned counsel for the petitioner has submitted that he may be permitted to make an appropriate application for early disposal of the above mentioned application filed under order 9 Rule 4 C.P.C. before the court concerned. In view of above, the present writ petition is disposed of with liberty to the petitioner to move an appropriate application for early disposal of the afore-mentioned case filed under Order 9 Rule 4 C.P.C. It is expected that the court concerned shall make every endeavour to decide the same expeditiously, in accordance with law, if there is no other legal impediment, after giving opportunity of hearing to the parties concerned and without granting any unnecessary adjournment to either of the parties and if any adjournment is unavoidable, only short adjournment may be given. Order Date :- 21.8.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench