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2025 DAILYLAW 85983 (ALL)

RADHEYSHYAM GUPTA AND 3 OTHERS v. RAJAN OJHA AND 2 OTHERS

A227/9180/2025 · 2025-08-18

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:140725 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9180 of 2025 Petitioner :- Radheyshyam Gupta And 3 Others Respondent :- Rajan Ojha And 2 Others Counsel for Petitioner :- Hari Keshav,Shailendra Kumar Rai Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioners and perused the record. 2. The instant writ petition has been filed for following relief: "Direct the learned concern court i.e. Civil Judge (Junior Division) Ghazipur to decide the restoration application dated 07.02.25 moved under order IX Rule IV read with section 151 C.P.C. bearing Miscellaneous Case No. 51/2025 against an order dated 22.01.25 passed by the concern court in Original Suit No. 194/2022, within a very short time bound period as fixed by this Hon'ble Court preferably on the day to day basis in the interest of justice." 3. Contention of the learned counsel for the petitioners is that the aforesaid restoration application is pending since considerations 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 (Junior Division) Ghazipur 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 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 :- 19.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad