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2025 DAILYLAW 43092 (ALL)

RAM TIRATH v. RAM DAVAR AND 5 OTHERS

A227/3737/2025 · 2025-04-16

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56697 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3737 of 2025 Petitioner :- Ram Tirath Respondent :- Ram Davar And 5 Others Counsel for Petitioner :- Vijay Bahadur Yadav Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers; "A. Pass an order directing to the Fast Track Court (Junior Division), District Azamgarh to decide the Restoration Application No. 10/2022 in Original Suit No.-426/2014, Ram Tirath versus Ram Davar and others, pending in the court of Fast Track Court (Junior Division), District Azamgarh within a stipulated period fixed by this Hon'ble Court. B. Pass an order directing to the Fast Track Court (Junior Division), District Azamgarh to decide the suit No.-426/2014, Ram Tirath versus Ram Davar and others which is pending since 2014." 2. It is contended that the suit filed by plaintiff was dismissed for want of prosecution for which a restoration application was filed in the year 2022, which is pending consideration. A further prayer has been made for early disposal of suit no. 426 of 2014. 3. The second prayer made in the writ petition cannot be granted by this Court in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) as well as the judgment of Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. 4. As far as first prayer is concerned, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon the Fast Track Court (Junior Division), Azamgarh to decide the restoration application No. 10/2022 filed in Original Suit No. 426 of 2014, 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. 5. With the aforesaid directions, writ petition stands disposed off. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad