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2025 DAILYLAW 57276 (ALL)

VIJAY KUMAR AND ANOTHER v. TRIBHUWAN AND 5 OTHERS

A227/4952/2025 · 2025-05-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80474 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4952 of 2025 Petitioner :- Vijay Kumar And Another Respondent :- Tribhuwan And 5 Others Counsel for Petitioner :- Vijay Kumar Pal Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "Issue a writ, order or direction in the nature of mandamus commanding the Civil Judge (Junior Division), Jaunpur to decide the Recall application registered as Recall No-185 of 2022 (Vijay kumar & Another vs Tribhuwan & others ),under Order 9 Rule 4 of Code of civil procedure, pending before it for recalling the order dated 25/09/2019, expeditiously within an specific period as this Hon'ble Court may kindly be pleased to fix in this regard." 2. It is contended that proceedings of suit were directed to be proceeded ex parte against which a recall application No.185 of 2022 was filed, which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said 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 Civil Judge (Junior Division), Jaunpur to decide the Recall Application No.185 of 2022 (Vijay Kumar & Anr. vs. Tribhuwan & Ors.), 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 direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 15.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad