HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6346 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. The Vakalatnama jointly signed by Shri Syed Aftab Ahmad, Shri Noor Alam Khan, Shri Mohd. Raza Khan, Advocates has been filed today on behalf of the newly impleaded petitioner nos. 2,3 and 4. The same is taken on record. 2. Heard thelearned counsel for petitioners, Shri R.D. Shahi, learned counsel for Nagar Panchayat- respondent no. 2, and Shri Abhishek Kumar Pandey, learned Additional Chief Standing Counsel for the State - respondent no. 2. Perused the material available on record. 3. By means of the present writ petition, the petitioner has sought following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Civil Judge (Senior Judge), Ambedkar Nagar to decide the recall application filed on 11.10.2012 expeditiously and further it is requested to pass the direction to decide the said suit with in stipulation period, suit being very old year of 2008." 4. It has been submitted on behalf of the petitioners that the petitioners filed a Suit for declaration and permanent injunction that was registered as Case No. 323 of 2008 in the court of learned Civil Judge (Senior Division), Ambedkar Nagar in respect of the plot having Gata no. 648 Versus Counsel for Petitioner(s) : Mohammad Raza Khan, Syed Aftab Ahmad Counsel for Respondent(s) : Raj Priya Srivastava, C.S.C., Ripu Daman Shahi Syed Gaus Ashraf @ Syed Mohammad Gaus Ashraf .....Petitioner(s) Nagar Panchayat Ashrafpur Kichaucha Tehsil Tanda Distt. Ambedkar Nagar Thru. Chairman And Another .....Respondent(s) (Old No. 451), Gata No. 721 (Old No. 989), Gata No. 780 (Old No. 1067) and Gata No. 813 (Old No. 1126) situated at Mauja Rasoolpur Dargah, Pargana Bidnhar Tehsil Tanda District Ambedkar Nagar. 5. The contention of the petitioners is that the local residents are using the said property as 'Kabristan' but anyhow it has been incorrectly entered as 'Banjar' in the record of Nagar Panchayat Ashrafpur Kichaucha. 6. It has been stated in the writ petition that the Nagar Panchayat (respondent no. 1) has filed written statement denying the allegation as made by the petitioners. 7. Learned counsel for petitioners submitted that that the Court of learned Civil Judge (Senior Division), Ambedkar Nagar vide order dated 14.09.2003 passed an interim order in the aforesaid Suit No. 323 of 2008, whereby 'status quo was directed to be maintained'. 8. It is stated in the writ petition that the Suit No. 323 of 2008 was dismissed in default on 17.05.2012 thereafter the petitioner filed an application on 11.10.2012 for recall of order dated 17.05.2012. The said application under Order IX, Rule 9 of the C.P.C. came to be registered as Misc. Case No. 129 of 2012. The said application is still pending consideration before Court of learned Civil Judge (Senior Division) (Fast Track), Ambedkar Nagar. 9. Learned counsel appearing for petitioners submitted that due to non- restoration of the Regular Suit No. 323 of 2008, the petitioners/plaintiffs are facing hardship. He prayed for a direction to the learned Trial Court to expeditiously decide Misc. Case No. 129 of 2012 under Order IX, Rule 9 of the C.P.C. at the earliest. He further prayed for time frame to be fixed by this Court for the early disposal of the said Misc. Case. 10. Learned counsel for respondents could not exert effective opposition to the prayer made by learned counsel for petitioners regarding early disposal of the pending Misc. Case No. 129 of 2012. 11. Taking into consideration the fact that the application for restoration under Order IX, Rule 9 of the C.P.C. is pending for disposal for the last 15 years, this Court finds it appropriate to issue a direction to the court concerned to decide the same within a time frame. A227 No. 6346 of 2025 2 12. Accordingly, without entering into merits of the case, this Court is of the considered opinion that no useful purpose would be served in keeping the petition pending, therefore, the same is being disposed of with a direction to the Court of learned Civil Judge (Senior Division), (Fast Track) Ambedkar Nagar to expeditiously decide the Misc. Case No. 129 of 2012 under Order IX, Rule 9 of the C.P.C. within a maximum period of two months from the date a certified copy of this order is produced before it; strictly in accordance with law after affording due opportunity of hearing to the parties concerned; unless there is any legal impediment. 13. So far as the prayer for interim relief as has been prayed by learned counsel for petitioners is concerned, this Court grants liberty to the petitioners to move appropriate application(s) before the court concerned for interim protection; within a period of seven working days from today. If the same is filed within the aforesaid period, the court concerned shall consider and pass appropriate orders on the same strictly in accordance with law at the earliest. 14. With the aforesaid observations/directions, this petition is disposed of. December 4, 2025 Virendra A227 No. 6346 of 2025 3 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench