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2025 DAILYLAW 26204 (ALL)

PANNA LAL v. PRADEEP YADAV

A227/2277/2025 · 2025-03-06

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33393 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2277 of 2025 Petitioner :- Panna Lal Respondent :- Pradeep Yadav Counsel for Petitioner :- Shivendra Mishra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "(I) to direct the learned concerned court to decide the recall application dated 30.04.2019 and preliminary objection under section 11 C.P.C. dated 15.07.2023 filed by the petitioner before him in Suit No. 330 of 2018 (Pradeep Yadav Versus Panna Lal) and expedite the trial of the above mentioned case as early as possible within stipulated period as prescribed by this Hon'ble Court;" The prayed made in the writ petition for expediting the Suit No.330 of 2018 cannot be granted in view of the judgment of Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. However, learned counsel for the petitioner submits that the trial Court had passed an order directing for proceeding in the suit ex- parte, against which, a recall application was filed on 30.04.2019 which is pending consideration. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the respondent, the matter is being disposed of, at the admission stage, with a direction upon trial Court to decide the recall application filed on 30.04.2019, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of four 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 :- 7.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad