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Allahabad High Court · body

2025 DAILYLAW 177039 (ALL)

RAJ KAPOOR v. MANOJ KUMAR AND 3 OTHERS

A227/6958/2025 · 2025-12-01

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6958 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Niyaj Ahmad, the learned counsel for the petitioner and perused the records. 2. Keeping in view the reliefs sought and the order proposed to be passed issuance of notice to the opposite parties is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Civil Judge, Junior Division Tanda, District Ambedkar Nagar to dispose of Misc. Case No.393 of 2024, which is an application under Order IX, Rule 9 C.P.C. filed in Original Suit No.744 of 2022 expeditiously. 4. The aforesaid case has been filed by the petitioner for recall of an order dated 22.05.2024, passed by learned trial court dismissing the suit for non-appearance of the Versus Counsel for Petitioner(s) : Niyaj Ahmad Counsel for Respondent(s) : Raj Kapoor .....Petitioner(s) Manoj Kumar And 3 Others .....Respondent(s) parties. The petitioner had filed an application under IX Rule 9 C.P.C. on 28.05.2024 i.e. merely six days after dismissal of the suit and thereafter although numerous dates have been fixed and the petitioner has attended almost all the dates, his application has not been decided till date. 5. In these circumstances, the petition is disposed of and a direction is issued to learned learned Civil Judge, Junior Division Tanda, District Ambedkar Nagar to dispose of Misc. Case No.393 of 2024, which is an application under Order IX, Rule 9 C.P.C. filed in Original Suit No.744 of 2022 expeditiously in accordance with law without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. December 1, 2025 Ram. A227 No. 6958 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench