Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68918 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4389 of 2025 Petitioner :- Amarjeet Respondent :- Khuddur And 9 Others Counsel for Petitioner :- Ram Murti Yadav Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:-
"(i) To issue an order or direction, directing the learned Civil Judge (Junior Division) Haveli, Azamgarh to decide the 6C2 application, under order 9 Rule 13 dated 18.5.2010 for recalling the order dated 13.05.2010 (Misc. case no.138 of 2010) passed by Civil Judge (Junior Division) Haveli, Azamgarh in Original Suit no.31 of 2009 (Amarjeet and another Vs. Khuddur and others) expeditiously within stipulated period to be fixed by this Hon'ble Court."
Learned counsel for the plaintiff-petitioner states that due to typing error in the prayer of the writ petition, Order 9 Rule 13 CPC has been mentioned though, it ought to be Order 9 Rule 9 CPC as the suit filed by the plaintiff was dismissed for want of prosecution on
13.05.2010. It is contended that an application under Order 9 Rule 9 CPC was moved on 18.05.2010 for recalling the order dated 13.05.2010, which has been registered as Misc. Case No.138 of 2010 and the same is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said case. 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), Haveli, Azamgarh to decide the Misc. Case No.138 of 2010, 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 :- 1.5.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad