HARIOM TRIPATHI AND ANOTHER v. RAM POOJAN AND 3 OTHERS
/6785/2025 · 2025-11-24
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[ 2025 DAILYLAW 182302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182302 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6785 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present writ petition has been preferred with the following prayer:-
"(i) Issue an order or direction for seeking indulgence of this Hon'ble Court for commanding and directing to the learned Civil Judge, Senior Division, Ambedkar Nagar to decide the restoration application No. 521 of 2024 "Hariom and others vs. Ram Poojan and others", under Order 9 Rule 4 of Civil Procedure Code, pending before the learned Civil Judge, Senior Division, Ambedkar Nagar, within stipulated period of time fixed by this Hon'ble court, in the interest of justice."
Learned counsel for the petitioner has submitted that the suit was dismissed for want of prosecution by order dated 09.05.2022 against which a restoration application under Order IX Rule 4 C.P.C. has been filed on 06.07.2024 but till date no decision has been taken by the trial court in the application which is pending from last more than sixteen months. After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that a direction may be issued to the trial court to decide the said application within a stipulated time as this Court may deem fit and proper. On the request of learned counsel for the petitioner and without entering into the merits of the case, the present petition is disposed of and it is expected from the trial court to make an endevour to decide the said application under
Order IX Rule 4 C.P.C. expeditiously in accordance with law, if there is no any other legal impediment after providing opportunity of hearing to all the parties, without granting unnecessary adjournment to either of the parties. November 24, 2025 Nitesh Versus Counsel for Petitioner(s) : Ram Suphal, Ashwini Kumar Counsel for Respondent(s) :
(Manish Kumar,J.) Hariom Tripathi And Another .....Petitioner(s) Ram Poojan And 3 Others .....Respondent(s) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench