Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:76938 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4818 of 2025 Petitioner :- Awadh Raj And Another Respondent :- Kailash And 3 Others Counsel for Petitioner :- Tara Chand Kaushal Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petiton has been filed with the following prayer;
"(i) Issue, a order or direction in the nature of directing the Fast Track Court (J.D.), District- Azamgarh to conclude/decide the application dated 26.3.2025, relating to the case No. 07 of 2022 arising out of Original Case No. 922 of 2007 (Awadhraj and another Vs. Kailash and others) as well as decide the restoration application alongwith delay condonation application dated 15.4.2022 relating to the case No. 07 of 2022 arising out of Original Case No. 922 of 2007 (Awadhraj and another Vs. Kailash and others) preferably within stipulated period as fix by this Hon'ble Court (Annexure Nos. 1 & 2 respectively to this writ petition)."
2. Petitioners before this Court are the plaintiffs. The suit filed by plaintiffs was dismissed for want of prosecution in which an application for recalling the dismissal order has been moved alongwith delay condonation application dated 15.4.2022 which is pending consideration. The prayer made in writ petition is to decide the said restoration application alongwith delay condonation 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 respondent, with a direction upon Fast Track Court (Junior Division), Azamgarh to decide the restoration application alongwith delay condonation application filed in Original Case No.
922 of 2007, in accordance with law, after hearing all affected parties, preferably within a period of three 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 :- 12.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad