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2025 DAILYLAW 63366 (ALL)

KISHUN SHANKAR PATEL v. ARVIND KUMAR AND 2 OTHERS

A227/5505/2025 · 2025-05-26

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89806 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5505 of 2025 Petitioner :- Kishun Shankar Patel Respondent :- Arvind Kumar And 2 Others Counsel for Petitioner :- Prem Chandra Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. The suit instituted by plaintiff was dismissed for want of prosecution. An application under Order 9 Rule 9 CPC was filed for restoring the case to its original number, which is registered as Case No.106 of 2023 and the same 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 Civil Judge (Junior Division), Allahabad to decide the the Case No.106 of 2023 filed under Order 9 Rule 9 CPC, 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 :- 27.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad