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2025 DAILYLAW 60467 (ALL)

DHIRAJ KUMAR VERMA v. SMT. SUNITA DEVI AND 3 OTHERS

A227/5232/2025 · 2025-05-19

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84306 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5232 of 2025 Petitioner :- Dhiraj Kumar Verma Respondent :- Smt. Sunita Devi And 3 Others Counsel for Petitioner :- Ritesh Singh,Suresh Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "To direct the Civil Judge (Junior Division), Gorakhpur to decide the restoration application under Order 9 Rule 4 of the C.P.C. registered as Misc. Case No. 88 of 2019 pending in the suit No. 1130 of 2017, (Old Suit No. 416 of 2013) (Dhiraj Kumar Verma Vs. Smt. Sunita Devi and others) for cancelation of sale deed dated 29.03.2013, within stipulated period." 2. It is contended that restoration application under Order IX, Rule 4 C.P.C. being Misc. Case No.88 of 2019 is pending consideration. The sole prayer made in the writ petiton 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), Gorakhpur to decide restoration application under Order IX, Rule 4 C.P.C. registered as Misc. Case No.88 of 2019, in accordance with law, after hearing all affected parties, preferably within a period of two 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 :- 20.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad