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2025 DAILYLAW 37614 (ALL)

SANAULLAH v. RAJESH KUMAR AND ANOTHER

A227/3331/2025 · 2025-04-29

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:67776 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3331 of 2025 Petitioner :- Sanaullah Respondent :- Rajesh Kumar And Another Counsel for Petitioner :- Aamir Nizam,Shabana Nizam Hon'ble Rohit Ranjan Agarwal,J. This is defendant's petition. The suit instituted by plaintiff- respondents was decreed ex parte against which an application under Order IX, Rule 13 C.P.C. was moved, which is pending consideration. 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, 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), Shahganj, Jaunpur to decide restoration application dated 23.01.2025 filed in Original Suit No.1781 of 2022 (Rajesh Kumar vs. Barfi alias Barfa Devi & Another), 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 :- 30.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad