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2025 DAILYLAW 83356 (ALL)

DHARMENDRA KUMAR MEHROTRA v. SUBHASH CHANDA MEHROTRA AND 6 OTHERS

A227/8630/2025 · 2025-08-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132728 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8630 of 2025 Petitioner :- Dharmendra Kumar Mehrotra Respondent :- Subhash Chanda Mehrotra And 6 Others Counsel for Petitioner :- Abhinav Mishra Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "I) direct the Additional Chief Judicial Magistrate -11th Allahabad to decide the Misc. case (restoration application) No. 14 of 2019 (Dharmendra Mehrotra Vs. Subhash Mehrotra and others) as well as Original suit No. 1079 of 2010 (Dharmendra Kumar Mehrotra Vs. Subhash Chandra Mehrotra and others) pending before Additional Chief Judicial Magistrate 11th Allahabad since 2010 forthwith or within stipulated period as fixed by this Hon'ble court (Vide Annexure No.1 and 2 to this petition)" 3. Contention of learned counsel for the petitioner is that restoration application of the petitioner against the order dated 13.03.2019 is pending since 2019. He prayed that same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Additional Chief Judicial Magistrate -11th Allahabad to consider and decide the 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 the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 6.8.2025 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