VISHNU DUTT SHARMA v. LAXMI NARAYAN (DECEASED) AND 5 OTHERS
A227/617/2025 · 2025-02-07
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8485 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18265 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 617 of 2025 Petitioner :- Vishnu Dutt Sharma Respondent :- Laxmi Narayan (Deceased) And 5 Others Counsel for Petitioner :- Brajesh Kumar Solanki,Samrat Vikram Singh Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner and perused the record. This petition under Article 227 of the Constitution of India has been filed to direct the learned court to decide the restoration application No. 55 of 2012 (Vishnu Dutt Sharma Vs. Laxmi Narayan and others) pending in the Court of Civil Judge Senior Division, Hathras, District-Hathras within a stipulated period. It has been submitted by learned counsel for the petitioner that the petitioner-plaintiff had filed a civil suit in the Court of Civil Judge, Senior Division, Hathras Number 330 of 2006 (Vishnu Dutt Sharma Vs. Laxmi Narayan and others) seeking permanent injunction. The said suit was dismissed as default on 03.02.2007. The petitioner has filed the restoration application on 21.05.2012 registered as Case No. 55 of 2012 along with an application under Section 5 of the Limitation Act for recall of the order dated 03.02.2007 and the notices have been issued to the defendants/respondents. Despite several dates fixed, the said application has not been decided till date. Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid restoration application strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties and subject to the cooperation of the petitioner as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order, in case, there is no other legal impediment. With the aforesaid directions, the petition is disposed of. Order Date :- 7.2.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad