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2025 DAILYLAW 81732 (ALL)

AJITPAL SINGH AND ANOTHER v. MAHESH KUMAR SINGH @ MAHESHPAL SINGH AND 2 OTHERS

A227/8407/2025 · 2025-08-04

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:130929 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8407 of 2025 Petitioner :- Ajitpal Singh And Another Respondent :- Mahesh Kumar Singh @ Maheshpal Singh And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed for following relief: "Issue an order or direction of suitable nature directing to the Court below 1st Additional Civil Judge (Junior Division), Sambhal to decide the Recall/Restoration Application filed under Order 9 Rule 13 r.w. Section 151 of C.P.C. alongwith Stay Application for recalling the ex-parte order dated 17.05.2025, passed in Original Suit No. 97 of 2014 Mahesh Kumar Singh Maheshpal Singh (deceased) Vs. Ajitpal & Another, which has been registered as Misc. Case No. 26 of 2025 Ajitpal & Another Vs. Mahesh Kumar Singh @ Maheshpal Singh (deceased), within stipulated period of time as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the restoration application is pending consideration. 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 1st Additional Civil Judge (Junior Division), Sambhal 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 as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 5.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad