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2025 DAILYLAW 18001 (ALL)

SMT JAYANTI DEVI AND ANOTHER v. RAJESH KUMAR GUPTA AND 7 OTHERS

A227/1480/2025 · 2025-02-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21436 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1480 of 2025 Petitioner :- Smt Jayanti Devi And Another Respondent :- Rajesh Kumar Gupta And 7 Others Counsel for Petitioner :- Ankita Deol,Dhiranjan Singh Patel,Rajiv Lochan Dwivedi,Suryaprakash Sharma Hon'ble Rohit Ranjan Agarwal,J. This is a defendants' petition. The suit filed by the plaintiff-respondent no.1 was decreed ex- parte, against which, an application for recall of the order under Order 9 Rule 13 CPC was moved by the defendant-petitioners, which is pending consideration since 27.02.2024 being registered as Misc. Case No.100 of 2024. The sole prayer made in the writ petition is for early disposal of the said case. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division)/FTC, Gorakhpur to decide the application filed under Order 9 Rule 13 CPC in Suit No.77 of 2017, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 14.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad