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2025 DAILYLAW 62282 (ALL)

SMT. ASHA SINGH v. GULVEER SINGH AND 5 OTHERS

A227/5386/2025 · 2025-05-21

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86913 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5386 of 2025 Petitioner :- Smt. Asha Singh Respondent :- Gulveer Singh And 5 Others Counsel for Petitioner :- Ashok Kumar Mishra,Dharmendra Kumar Mishra,Manoj Kumar Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. The suit instituted by the plaintiff petitioner was dismissed for want of prosecution. Thereafter, an application under Order IX Rule 9 CPC was moved, which has been registered as R.M. No. 77 of 2009. The sole prayer made in writ petition for expeditious disposal of the said application. 2. 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 respondent, with a direction upon Civil Judge (Senior Division), Aligarh/Small Cause Court Aligarh to decide the restoration application R.M. No. 77 of 2009 filed in Suit No. 1083 of 2007, 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. 3. With the aforesaid directions, writ petition stands disposed of. 4. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 22.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad