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2025 DAILYLAW 63244 (ALL)

MITHAI LAL AND 6 OTHERS v. SMT RAZIA BEGUM AND 3 OTHERS

A227/5709/2025 · 2025-05-29

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93550 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5709 of 2025 Petitioner :- Mithai Lal And 6 Others Respondent :- Smt Razia Begum And 3 Others Counsel for Petitioner :- Aman Srivastava,Vinod Kumar Srivastava Hon'ble Rohit Ranjan Agarwal,J. This is plaintiffs' petition. The suit instituted by the plaintiffs was dismissed for want of prosecution. An application for restoration was filed under Order IX, Rule 9 C.P.C., 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, 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), Court No.2, Varanasi to decide the Restoration Application No.142 of 2025 (Mithai Lal & Ors. vs. Smt. Razia Begum & Ors.) filed in Original Suit No.600 of 2011, 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. 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 :- 30.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad