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2025 DAILYLAW 41381 (ALL)

YASIR KHAN v. MST. RAISHUNNISH AND 5 OTHERS

A227/3722/2025 · 2025-04-15

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:55552 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3722 of 2025 Petitioner :- Yasir Khan Respondent :- Mst. Raishunnish And 5 Others Counsel for Petitioner :- Thakur Prasad Dubey Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "i. Direct the learned court of Civil Judge (Junior Division), Kaushambi to decide the Restoration Application No.2/74 of 2023 filed by the petitioner under Order-9 Rule-4 of C.P.C. to recall the order dated 13.5.2022 passed in Original Suit No.885 of 2013 (Mst. Raisunnisha Vs. Naseema Bano and others) within a time bound period as may be directed by this Hon'ble Court preferably within a period of three months." It is contended by learned counsel for the petitioner that in the suit instituted by plaintiff-respondent no.1, an application under Order 9 Rule 4 CPC has been moved for recalling the order dated 13.05.2022 in the Suit No.885 of 2013. 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), Kaushambi to decide the application filed under Order 9 Rule 4 CPC in Suit No.885 of 2013, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two 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 :- 16.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad