HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5084 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner. 2. In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with. 3. By means of the instant petition, the petitioner seeks expeditious disposal of a recall application dated 09.07.2024, preferred by the defendants, in Regular Suit No.430/2019. 4. The submission of the learned counsel for the petitioner is that a suit for specific performance/contract was filed before the trial Court. The defendant has been making all sorts of dilatory tactics. First, he has moved an application under Order I Rule 10 CPC, which was not being decided as there was non-cooperation from the side of the defendant. 5. The petitioner has approached this Court seeking expeditious disposal by means of filing a Writ Petition No.1119 of 2024 (A-227), whereby this Court by means of the order dated 05.03.2024. While observing that it was not inclined to expedite the suit, however, this Court directed the petitioner to move an appropriate application before the Court concerned, who pass an appropriate order. 6. It is urged that the order of this Court was placed before the trial Court and though the trial Court observed that for the disposal of the applications in question, last opportunity was being given, but thereafter, Versus Counsel for Petitioner(s) : Shantanu Sharma, Anshuman Sharma, Athar Ali Counsel for Respondent(s) : Hub Lal .....Petitioner(s) Ld. Civil Judge Jr. Div. Lko. And Another .....Respondent(s) again the defendant is adopting the dilatory tactics and let the matter proceed ex-parte whereafter, the petitioner moved an application for recall under Order IX Rule 7 CPC and is now not contesting the applications which is resulting in delay. 7. Considering the facts and circumstances, this Court provides that though the order of expedition for the earlier applications had been moved, that may not be construed as if the order is confined only to the earlier applications. It is always open for the Court concerned to move active and ensure that none of the parties are able to exploit the situation or resort to such dilatory tactics which may amount to defeat the ends of justice. 8. It is with the aforesaid observations, this petition is disposed of directing the trial Court to take note of the aforesaid observations as made in this order and proceed as expeditiously as possible. August 28, 2025 Rakesh/- A227 No. 5084 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench