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2025 DAILYLAW 50954 (ALL)

CHANDRAWATI v. PREMJEET SINGH AND 2 OTHERS

A227/4339/2025 · 2025-04-29

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67824 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4339 of 2025 Petitioner :- Chandrawati Respondent :- Premjeet Singh And 2 Others Counsel for Petitioner :- Kailash Nath Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "I. Direct the Civil Judge (J.D.) Jaunpur to decide the Misc. application No. 138 of 2021 (Chandrawati Vs. Prem Jeet Singh and others) which is filed in Misc. application No. 206 of 2019 (Chandrawati Vs. Jitendra Singh) and it was filed in Case No. 606 of 2004 (Chandrawati Vs. Jitendra Singh) within stipulated period." 2. It is contended that suit filed by plaintiff was dismissed for want of prosecution. An application under Order IX Rule 9 CPC was moved for recalling the dismissal order, which has been registered as Misc. Case No. 206 of 2019. The said case was also dismissed for want of prosecution and again an application for recall of the order was moved which has been registered as Misc. Case No. 138 of 2021. The prayer made in writ petition for expeditious disposal of both the aforesaid applications. 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 respondent, with a direction upon Civil Judge (Junior Division), Jaunpur to decide the both the applications registered as Misc. Case No. 206 of 2019 and Misc. Case No. 138 of 2021, 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. 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 :- 30.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad