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2025 DAILYLAW 36906 (ALL)

SHRI CHANDU ALIAS ALLA BUX AND 4 OTHERS v. SRI BARKATULLA AND 20 OTHERS

A227/3496/2025 · 2025-04-09

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:52866 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3496 of 2025 Petitioner :- Shri Chandu Alias Alla Bux And 4 Others Respondent :- Sri Barkatulla And 20 Others Counsel for Petitioner :- Chaudhary Subhash Kumar Hon'ble Rohit Ranjan Agarwal,J. This is plaintiffs' petition. The original suit No.255 of 2001 was instituted by plaintiffs-petitioners, which was dismissed on 05.01.2010. An application under Order IX, Rule 9 C.P.C. was moved by the plaintiffs for restoring the said suit, which was registered as Misc. Case No.5 of 2010. The said case is pending consideration since 01.02.2010. The sole prayer made in the writ petiton is for expeditious disposal of the said case. 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), Jalaun to decide the Misc. Case No.05 of 2010 under Order IX, Rule 9 C.P.C. in Original Suit No.255 of 2001, in accordance with law, after hearing all affected parties, 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 :- 10.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad