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2025 DAILYLAW 58962 (ALL)

SHAFEEK AHMAD v. RAMDEV @ RAJDEV (SINCE DECEASED) AND 4 OTHERS

A227/5060/2025 · 2025-05-16

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:82294 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5060 of 2025 Petitioner :- Shafeek Ahmad Respondent :- Ramdev @ Rajdev (Since Deceased) And 4 Others Counsel for Petitioner :- Kirt Raj Yadav Hon'ble Rohit Ranjan Agarwal,J. 1. This is defendant's petition. 2. The suit instituted by plaintiffs-respondents being Original Suit No. 58 of 2014 was dismissed for want of prosecution on 08.11.2023. An application under Order IX Rule 9 CPC was moved for recalling the order dated 08.11.2023. This writ petition has been filed seeking a direction upon court below to decide the application filed under Order IX Rule 9 CPC, registered as Misc. Case No. 07 of 2024, pending in Original Suit No. 58 of 2014, expeditiously. 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 Misc. Case No. 07 of 2024 filed in Original Suit No. 58 of 2014, 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 :- 17.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad