Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17708 (ALL)

SMT. URMILA DEVI v. GANGA PRASAD AND 2 OTHERS

A227/3532/2021 · 2025-07-30

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:128025 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3532 of 2021 Petitioner :- Smt. Urmila Devi Respondent :- Ganga Prasad And 2 Others Counsel for Petitioner :- Murli Dhar Mishra Counsel for Respondent :- Dharnidhar Pandey,Kamal Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed for the following relief: "I. to set aside the entire proceedings of Suit No. 129 of 2008; Ganga Prasad Versus Smt. Sirjan (since deceased) including the plaint filed as Annexure No. 3 to this Petition. II. to set aside the order dated 10.04.2018 passed by Additional District Judge/F.T.C. I, District- Siddharth Nagar filed as Annexure No. 11 to this Petition and the order dated 11.02.2014 passed by Civil Judge (J.D.), Naugarh, District- Siddharth Nagar filed as Annexure No. 9 to this Petition." 3. An application Paper No.43 Ga was filed by the petitioner for recalling the order dated 31.5.2008 by which ex-parte injunction was granted to the plaintiff-respondent as well as order to proceed ex-parte in the suit was passed by the trial court. The said application was allowed by the trial court by order dated 7.2.2017 and the ex-parte injunction order dated 31.5.2008 was set aside and the matter was fixed for disposal of application for interim injunction Paper No.7 Ga. Against this order, a revision was filed by the plaintiff-respondent and the same was allowed by the order impugned dated 10.4.2018. The order passed by the trial court was set aside and it was directed that the recall application to be decided a fresh. No interim order was granted by this Court at the time of entertaining this petition and since more than seven years have passed, both the counsel appearing for the parties are not able to inform the Court as to what happened after the revisional order. 4. In view of these facts, I am not inclined to interfere in matter. 5. Since the revisional court itself has directed that the recall application Paper No.43 Ga filed by the petitioner to be decided afresh after hearing the parties. The writ petition is disposed of with a direction to the trial court to pass order as directed by the revisional court by order dated 10.4.2018, in case order is not passed during this period after hearing all the parties concerned in accordance with law. Order Date :- 31.7.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad