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2025 DAILYLAW 21401 (ALL)

MANORMA MISHRA v. OM PRAKASH SINGH AND ANOTHER

A227/1912/2025 · 2025-03-04

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31732 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1912 of 2025 Petitioner :- Manorma Mishra Respondent :- Om Prakash Singh And Another Counsel for Petitioner :- Gyan Prakash Tiwari,Kamlesh Tiwari Hon'ble Rohit Ranjan Agarwal,J. 1. This is defendant's petition. The suit filed by plaintiff respondents was decreed ex parte, against which an application under Order IX Rule 13 CPC was moved, which is pending consideration. 2. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Additional Civil Judge (Junior Division), Court No. 3, Varanasi to decide the Misc. Case Recall/Restoration Application No. 549 of 2021 filed in Suit No. 298 of 2018, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order. 3. With the aforesaid directions, writ petition stands disposed of. 4. It is made clear that this Court has not adjudicated the matter on merit Order Date :- 5.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad