Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 7476 of 2024 Court No. - 1 HON'BLE NEERAJ TIWARI, J.
1. Heard Sri Anoop Kumar Mishra, learned counsel for the petitioner and Sri Vijay Prakash Singh Kushwaha, learned counsel for the respondent nos. 2 & 3.
2. Present petition has been filed with the following prayer:
"I. Issue an order or direction to set-aside the order dated 20.01.2024 passed by District Judge, Kasganj on an application no. 50-C(2) filed in Misc. Civil Appeal No. 8 of 2022."
3. Learned counsel for the petitioner submitted that order dated 20.01.2024 has been passed passed without opportunity of rebuttal as well as hearing to applicant, therefore, order is in violation of principal of natural justice.
4. Learned counsel for the opposite parties though opposed the submission made by learned counsel for the applicant, but fairly submitted that matter may be remanded for passing fresh order in a time bound manner after providing opportunity of rebuttal to applicant.
5. Under such facts of the case, order dated 20.01.2024 is hereby quashed.
6. District Judge, Kasganj-opposite party no. 4 is directed to decide the Misc. Civil Appeal No. 8 of 2022 within a period of three months after providing opportunity of rebuttal as well as hearing to applicant without granting unnecessary adjournment. In case, adjournment is granted, Court shall record reasons for adjournment and may impose cost, if required.
7. Office is directed to return the lower court record after keeping photo copy of the same on record. September 23, 2025 ADY Versus Counsel for Petitioner(s) : Anoop Kumar Mishra Counsel for Respondent(s) : Ashish Mishra, Jay Singh Yadav, Vijay Prakash Singh Kushwaha (Neeraj Tiwari,J.) Rajesh @ Raju Dubey .....Petitioner(s) Dinesh Mishra And 2 Others .....Respondent(s) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad