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2025 DAILYLAW 50851 (ALL)

DHARMENDRA SINGH SIROHI v. MADAN JOSHI AND 5 OTHERS

A227/4420/2025 · 2025-04-30

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68471 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4420 of 2025 Petitioner :- Dharmendra Singh Sirohi Respondent :- Madan Joshi And 5 Others Counsel for Petitioner :- Om Prakash Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i-direct the Civil Judge (S.D.) (F.T.C.) Allahabad to the decide the restoration application of the petitioners filed by him to recall the order dated 29-3-2023 passed by Court concern in Suit No.480/1984 (Smt. Dayawati Vs. Madan Chand Joshi) within a stipulated period as fixed by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that one Dayawati had instituted Suit No. 480 of 1984. She, unfortunately, died in the year 1984 and her daughter, mother of petitioner, had moved a substitution application. During the pendency of the substitution application, mother of petitioner also died and the suit was dismissed as abated. The petitioner had moved a restoration application for recalling the abatement order, which is pending consideration. The sole prayer made is for expeditious disposal of the recall application. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the restoration application filed by petitioner in Suit No. 480 of 1984, in accordance with law, after hearing all affected parties, preferably within a period of four months months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 1.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad