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2025 DAILYLAW 37314 (ALL)

DEVENDRA SINGH v. SMT. VIMLESH DEVI

A227/3423/2025 · 2025-04-08

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51333 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3423 of 2025 Petitioner :- Devendra Singh Respondent :- Smt. Vimlesh Devi Counsel for Petitioner :- Manish Kumar Pathak,Sunil Kumar Pandey Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. The suit instituted by the plaintiff was decreed ex-parte, against which, an application under Order 9 Rule 13 CPC was moved by the defendant for recalling the said order. The said application has been registered as Misc. Case No.198 of 2017. The sole prayer made in the writ petition is for expeditious 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 sole respondent, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division)- Vth, Mathura to decide the application filed under Order 9 Rule 13 CPC (registered as Misc. Case No.198 of 2017) in Suit No.90 of 2011, 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 :- 9.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad