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2025 DAILYLAW 22492 (ALL)

ZAHIR HASAN v. ABUAL HASAN (DECEASED) AND 22 OTHERS

A227/2032/2025 · 2025-02-27

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:28424 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2032 of 2025 Petitioner :- Zahir Hasan Respondent :- Abual Hasan (Deceased) And 22 Others Counsel for Petitioner :- Anurag Upadhyay Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "Issue an order or direction to Civil Judge (Junior Division) Sadar, Mau, District- Mau to decide the Misc. Case No.464 of 2024, Zahir Hasan Vs. Abual Hasan & others, under section- order 9 rule 4 & section 151 C.P.C. on 29.10.2024 in Original Suit No. 345 of 2015, Zahir Hasan Vs. Abual Hasna & others pending before him expeditiously preferably within stipulated period which this Hon'ble Court may deem fit and proper." It is contended that the suit filed by the petitioner was dismissed for want of prosecution for which an application for restoring the suit in its original number was filed which has been registered as Misc. Case No.464 of 2024 (Zahir Hasan vs. Abual Hasan & other). The sole prayer made in the writ petition is for expeditious disposal of the said application dated 29.10.2024. 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 respondents, with a direction upon Civil Judge (Junior Division), Sadar, Mau to decide Misc. Case No.464 of 2024 (Zahir Hasan vs. Abual Hasan & others), in accordance with law, after hearing all affected parties, preferably within a period of two 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 :- 28.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad