DR. JAWAHAR SINGH AND 4 OTHERS v. KUNWAR RANJEET SINGH SAHITYA SANGEET KALA KENDRA UCCHTAR MADHYAMIK VIDYALAYA PARIKSHIT AND 6 OTHERS
A227/6409/2025 · 2025-07-10
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 69918 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69918 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:111002 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6409 of 2025 Petitioner :- Dr. Jawahar Singh And 4 Others Respondent :- Kunwar Ranjeet Singh Sahitya Sangeet Kala Kendra Ucchtar Madhyamik Vidyalaya Parikshit And 6 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. This petition has been filed for following relief:
"to issue a direction to the court of Hon'ble Civil Judge (Junior Division) City Bareilly to forthwith decide the Application filed by the petitioners under Order IX Rule 13 read with Section 151 C.P.C. for recalling and setting aside the ex-parte
judgment dated 8.11.2021 passed in Original Suit No. 128 of 2017 on the next date fixed or without granting any unnecessary adjournments so that justice be done."
3. Contention of the learned counsel for the petitioners is that the aforesaid application under Order IX Rule 13 read with Section 151 C.P.C. is pending since
2022. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Junior Division) City Bareilly to consider and decide the aforesaid application, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
Order Date :- 11.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad