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2025 DAILYLAW 30681 (ALL)

SMT. SAROJAN DEVI AND 2 OTHERS v. MUNDARLAL AND 2 OTHERS

A227/2610/2025 · 2025-03-18

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39669 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2610 of 2025 Petitioner :- Smt. Sarojan Devi And 2 Others Respondent :- Mundarlal And 2 Others Counsel for Petitioner :- Bhola Nath Yadav,Priyavrat Tripathi,Udriv Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. This is a defendant's petition. It is contended that the suit instituted by plaintiff-respondents was decreed ex-parte, against which, an application under Order 9 Rule 13 CPC was moved by the defendants-petitioners, which is pending consideration since 2023. The sole prayer made in the writ petition is for early disposal of the said 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 Civil Judge (Junior Division), Court No.13, Allahabad to decide the application filed under Order 9 Rule 13 CPC being registered as restoration application no.21 of 2023 in Suit No.1550 of 1999, 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 :- 19.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad