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2025 DAILYLAW 27537 (ALL)

RIZWAN v. SMT. AISHA BEGUM SINCE DECEASED AND 4 OTHERS

A227/2356/2025 · 2025-03-10

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:35701 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2356 of 2025 Petitioner :- Rizwan Respondent :- Smt. Aisha Begum Since Deceased And 4 Others Counsel for Petitioner :- Iqbal Ahmad Hon'ble Rohit Ranjan Agarwal,J. In the suit instituted by plaintiff-respondents, an application for grant of temporary injunction was moved which was rejected by order dated 22.08.2022, against which, a recall application was filed by the plaintiff-respondents on 07.09.2022 being Paper No.106-C, which is pending consideration. The sole prayer made in the writ petition is for deciding the said recall application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Additional Civil Judge (Junior Division), Court No.2, Moradabad to decide the recall application (Paper No.106-C) filed in Original Suit No.450 of 2021, after hearing all the concerned parties, strictly in accordance with law expeditiously 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 :- 11.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad