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2025 DAILYLAW 43375 (ALL)

AJAY PANDEY AND 2 OTHERS v. NITYANAND AND ANOTHER

A227/4054/2025 · 2025-04-29

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:67148 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4054 of 2025 Petitioner :- Ajay Pandey And 2 Others Respondent :- Nityanand And Another Counsel for Petitioner :- Raghvendra Tripathi,Rohit Singh Hon'ble Rohit Ranjan Agarwal,J. This is a defendants' petition. The suit instituted by plaintiffs-respondents being Original Suit No.1014 of 1998 was decreed ex-parte on 28.07.2003. Thereafter, an application under Order 9 Rule 13 CPC was moved by the defendants-petitioners before the Court below for recalling the ex- parte decree, which is pending consideration being registered as Misc. Case No.148 of 2020. The sole prayer made in the writ petition is to decide the said case expeditiously. 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, Mohammadabad Gohna, District Mau to decide the Misc. Case No.148 of 2020, 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 :- 30.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad