Neutral Citation No. - 2025:AHC:57669 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9816 of 2018 Petitioner :- Raja Ram And Another Respondent :- Additional District Judge And 6 Others Counsel for Petitioner :- Atul Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. Plaintiffs-petitioners had instituted Original Suit No.82 of 1992. In the said suit, a compromise application was filed, however, the said suit was dismissed on 17.04.2002 and plaintiffs preferred a Civil Appeal No.91 of 2002 which was dismissed for want of prosecution on 18.01.2007. An application for recalling the said order was moved which was registered as Misc. Case No.2 of 2007. The said application was dismissed on 04.01.2016. Thereafter, petitioners filed another application which was registered as Misc. Case No.64 of 2016 for recalling the said order. The said case has been rejected by the order impugned on the ground that earlier the Misc. Case No.2 of 2007 was also dismissed for want of prosecution and the present application has also been preferred with somewhat similar grounds. Learned counsel for the petitioners submits that appeal till date has not been decided on merit and the order impugned may be recalled and the appeal may also be recalled to its original number. I have heard learned counsel for the petitioners and perused the material on record. From perusal of the order impugned, it is clear that plaintiffs- petitioners are not diligent in pursuing the civil appeal and the same was dismissed in the year 2007. Thereafter, the application which was registered as Misc. Case No.2 of 2007 was dismissed in the year 2016, and again Misc. Case No.64 of 2016 was filed which has been rejected by the order impugned. However, looking to the facts of the case, this Court set asides both the orders dated 09.08.2018 and 04.01.2016 subject to payment of cost of Rs.10,000/- to be deposited by the plaintiffs-petitioners within two weeks from today before the District Legal Aids Services Authority. In case, the said amount is deposited and the receipt is submitted along with certified copy of the order before the appellate Court, the appellate Court shall proceed to decide the Civil Appeal No.91 of 2002 strictly in accordance with law after hearing all the affected parties within a period of six months. With the aforesaid observations, present writ petition stands disposed of. Order Date :- 18.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad