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2025 DAILYLAW 51676 (ALL)

SUSHIL KUMAR v. DEENA NATH AND 4 OTHERS

A227/7955/2025 · 2025-07-28

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:127031 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7955 of 2025 Petitioner :- Sushil Kumar Respondent :- Deena Nath And 4 Others Counsel for Petitioner :- P.K. Upadhyay Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "To direct the learned court to decide the original suit no. 830 of 2006 (Prakash Nath and another Vs. Deena Nath and others) pending in the court of Civil Judge (J.D.), expeditiously Shahganj, Jaunpur within stipulated period fixed by this Hon'ble Court in accordance with law.." 3. Learned counsel for the petitioner submitted that the suit was proceeding ex parte against the defendants by order dated 13.1.2021. Application for recall has been moved by the defendants on 24.10.2024 and the said application is pending consideration. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned recall application is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division), Shahganj, Jaunpur to decide the above- mentioned recall application dated 24.10.2024, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 29.7.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad