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2025 DAILYLAW 203821 (ALL)

OM PRAKASH v. RAM BADAN AND 4 OTHERS

A227/6310/2025 · 2025-10-28

S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6310 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Pankaj Shukla, learned counsel for petitioner, and perused the material available on record. 2. In view of the proposed order to be passed, notice to all the opposite parties are dispensed with. 3. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue a direction to learned court of Civil Judge (Junior Division), Kunda, Pratapgarh to decide Misc. Case No. 78 of 2011 as well as Original Suit No. 133 of 1994 (Om Prakash and another Vs. Ram Badan and others) pending in the court of learned Civil Judge (Junior Division), Kunda Pratapgarh within stipulated time as directed by this Hon'ble Court in the interest of justice." 4. It has been submitted by learned counsel for petitioner that a suit for permanent injunction filed by the petitioner was dismissed in default vide order dated 27.09.2011. The petitioner filed an application for restoration of the said suit on 11.10.2011 explaining the reasons for his non- appearance causing the dismissal of the suit. 5. The application seeking restoration of the suit bearing Misc. Case No. 78 of 2011 (Om Prakash Vs. Ram Badan and others) is pending before Versus Counsel for Petitioner(s) : Sampurna Nand Shukla, Pankaj Shukla Counsel for Respondent(s) : Om Prakash .....Petitioner(s) Ram Badan And 4 Others .....Respondent(s) learned Civil Judge (Junior Division), Kunda, Pratapgarh since 2011. 6. It is contended by learned counsel for petitioner that the said Misc. Case No. 78 of 2011 (Om Prakash Vs. Ram Badan and others) got adjourned on various dates for one or the other reason causing irreparable loss and hardship to the petitioner. 7. In view of the aforesaid circumstances, this Court is of the considered opinion that no useful purpose would be served in keeping the petition pending, as such, the same is being disposed of at the admission stage. 8. Accordingly, the writ petition is disposed of with the direction to learned Civil Judge (Junior Division), Kunda, Pratapgarh to consider and dispose of the said application for restoration bearing Misc. Case No. 78 of 2011 (Om Prakash Vs. Ram Badan and others) strictly in accordance with law as expeditiously as possible, say within a period of three months from the date a certified copy of this order is produced before him. 9. With the aforesaid observations/directions, the instant petition is disposed of. October 28, 2025 Virendra A227 No. 6310 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench