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2025 DAILYLAW 84764 (ALL)

NEERAJ GOEL v. INDRAPAL AND 6 OTHERS

A227/8933/2025 · 2025-08-11

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:136321 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8933 of 2025 Petitioner :- Neeraj Goel Respondent :- Indrapal And 6 Others Counsel for Petitioner :- Dharmendra Kumar Yadav,Ghazanfar Abbas 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 relief: "A) Issue order or direction in the nature of mandamus directing the learned Additional Civil Judge (Senior Division), Court no. 7, Bareilly to decide the Recall/Restoration Application U/o 9 of Rule 9 of the C.P.C. i.e. Misc. Case no. 50 of 2025 in Original Suit No. 186/2011 (Devi Prasad and another Vs. Indrapal and others) pending before him in a short period as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the restoration application being Misc. Case No.50 of 2025 is pending 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 Addl. Civil Judge (S.D.) Court No.7, Bareilly to consider and decide the aforesaid 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 concerned parties as well as 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 :- 12.8.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad