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2025 DAILYLAW 49388 (ALL)

KUSUM DEVI v. CHANARA DEVI AND 19 OTHERS

A227/4775/2025 · 2025-05-08

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75870 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4775 of 2025 Petitioner :- Kusum Devi Respondent :- Chanara Devi And 19 Others Counsel for Petitioner :- Poonam Yadav,Raj Karan Yadav,Yadvendra Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. This is a defendant's petition. It is contended that the suit instituted by plaintiff-respondent was decreed ex-parte against which an application under Order 9 Rule 13 CPC was filed by the defendant-petitioner for recalling the ex- parte order, which is pending consideration since 2016. 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 private respondents, the matter is being disposed of, at the admission stage, with a direction upon Additional Judge Small Cause Court, Varanasi, to decide the application filed under Order 9 Rule 13 CPC, 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 :- 9.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad