SMT. REETA TIWARI AND 2 OTHERS v. MANEESH TIWARI AND 19 OTHERS
A227/6962/2025 · 2025-07-13
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73425 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:112509 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6962 of 2025 Petitioner :- Smt. Reeta Tiwari And 2 Others Respondent :- Maneesh Tiwari And 19 Others Counsel for Petitioner :- Anil Kumar Aditya,Nagendra Pratap Singh Counsel for Respondent :- Hausihla Prasad Mishra Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed challenging the order dated 15.04.2025 by which the revision filed by the petitioner has been allowed and the application (paper no. 12ga) has been directed to be decided by the trial court.
3. Against the order to proceed ex-parte against the defendants, the defendants moved an application (Paper no. 12ga) for recalling the said order. The said application was rejected by the trial court and against the said order, revision was filed by the defendants and the same has been allowed.
4. The impugned order is a remand order, directing the trial court to decide the recall application of the defendants in accordance with law.
5. In my view, no illegality has been committed by the revisional court.
6. Needless to say that the trial court i.e. Civil Judge (Senior Division), Room No. 18, Deoria, shall consider and decide the said recall application, in accordance with law, expeditiously, preferably within a period of twelve weeks 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 without being influenced by any findings recorded by this Court or by the revisional court.
7. With the aforesaid direction, this petition stands disposed of. Order Date :- 14.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad