Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136585 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8937 of 2025 Petitioner :- Neeraj Goel Respondent :- Shyam Singh And 4 Others Counsel for Petitioner :- Ghazanfar Abbas Hon'ble Manish Kumar Nigam,J.
1. Learned counsel for the petitioner is permitted to correct the prayer clause during course of the day.
2. Heard learned counsel for the petitioner and perused the record.
3. The instant writ petition has been filed for following relief:
"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. 49 of 2025 in Original Suit No. 510 of 2011 (Devi Prasad and another Vs. Shyam Singh and others) pending before him in a short period as fixed by this Hon'ble Court."
4. Contention of the learned counsel for the petitioner is that the aforesaid recall application is pending consideration and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
5. In view of above, no useful purpose would be served in keeping this petition pending.
6. Accordingly, the present petition stands disposed of finally with a direction to the Additional Civil Judge (Senior Division) Court No. 7, Bareilly to consider and decide the aforesaid 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 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 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad