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2025 DAILYLAW 87532 (ALL)

RAM SHAKAL v. NARAD AND 3 OTHERS

A227/9342/2025 · 2025-08-20

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:143521 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9342 of 2025 Petitioner :- Ram Shakal Respondent :- Narad And 3 Others Counsel for Petitioner :- Anand Kumar Sant,Rajendra Kumar Singh 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: "Direct the learned Additional Civil Judge (Jr. Division), Court No.15, Azamgarh to decide the restoration application under Order 9 Rule 9 of C.P.C. being Misc. Case No. 17 of 2023 in Original Suit No.481 of 1997 (Ram Shakal vs. Narad and others) within stipulated period, pending since 2023." 3. Contention of the learned counsel for the petitioner is that the aforesaid restoration application is pending since 2023 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 Additional Civil Judge (Jr. Division), Court No.15, Azamgarh 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 :- 21.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad