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2025 DAILYLAW 62196 (ALL)

MASOOD AKHTAR AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS

A227/5428/2025 · 2025-05-22

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:87662 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5428 of 2025 Petitioner :- Masood Akhtar And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Rohit Ranjan Agarwal,J. Petitioners before this Court had filed Original Suit No.310 of 1990, in which, an application for grant of temporary injunction was moved which was allowed by the trial Court. Against the said order, a First Appeal From Order was filed before this Court. The said file was transferred to the Court below, as the valuation of the appeal was less than Rs.25 lakhs. The petitioner claims that the said suit was re-numbered as 203 of 2019 and thereafter again re-numbered as 1048 of 2023, and it appears that by constructing some another file of the said suit, the suit has been dismissed for want of prosecution. A recall application has been filed by the petitioner which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Judge Small Causes Court, Moradabad to consider and decide the pending recall application, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 23.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad