Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51290
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3437 of 2025 Petitioner :- Sumit Kumar Upadhyay Respondent :- Nagar Nigam Varanasi Counsel for Petitioner :- Rang Nath Pandey,Satyendra Narayan Singh Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. The suit instituted by plaintiff was dismissed for want of prosecution on 15.03.2013. Thereafter, an application for recalling of the said order was moved under Order 9 Rule 9 CPC in the year
2025. This writ petition has been filed seeking a direction upon Court below to decide 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 Civil Judge (Senior Division), Court No.1, Varanasi to decide the Recall Application No.100 of 2025 filed in Suit No.218 of 2005, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of six 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 :- 9.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad