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2025 DAILYLAW 83168 (ALL)

DHIRENDRA SINGH v. STATE OF UP AND 2 OTHERS

A227/8760/2025 · 2025-08-17

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:139744 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8760 of 2025 Petitioner :- Dhirendra Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Jai Bahadur Singh,Rajat Singh,Rajendra Kumar Ojha Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following reliefs: "I. Issue, a writ, order or direction in the nature of the mandamus commanding and directing to the learned court below to stay the Izra Proceeding No. 9/2017 (Satish Kumar Singh Vs. Dhirendra Singh) till the disposal of petitioner's Restoration Application No. 71/2019 (Dhirendra Singh Vs. Abhishek Singh and Another) pending in Original Suit No. 221/2010 (Satish Kumar Singh Vs. Dhirendra Singh). II. Issue, a writ, order or direction in the nature of the mandamus commanding and directing to the learned court below to decide the Restoration Application No. 71/2019 (Dhirendra Singh Vs. Abhishek Singh and Another) pending in Original Suit No. 221/2010 (Satish Kumar Singh Vs. Dhirendra Singh)." 3. Contention of the learned counsel for the petitioner is that restoration application No. 71 of 2019 under Order IX Rule 13 of C.P.C. is pending since 2019 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, 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 (Senior Division) F.T.C. Mau, Mau to consider and decide the aforementioned restoration 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 opposite parties, 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 :- 18.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad