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2025 DAILYLAW 92020 (ALL)

KITAB v. MAKDOOS @ MAKHDUM AND 13 OTHERS

A227/10790/2025 · 2025-09-10

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10790 of 2025 Court No. - 9 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 order or direction in the nature of mandamus commanding and directing the Civil Judge (Junior Division) Kasya District-Kushinagar, to consider and decide the Restoration application dated Case misc on 15.05.2010 being (Restoration application) No. 68/2010 file in Original Case No. 1335/01 (Makdoos Verses Sharda and others) for recalling the order dated 17.05.2003, within stipulated period so fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the aforesaid restoration application is pending since 2010 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) Kasya District-Kushinagar 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 Versus Counsel for Petitioner(s) : Omkar Nath Rai Counsel for Respondent(s) : C.S.C., Sudhir Bharti Kitab .....Petitioner(s) Makdoos @ Makhdum And 13 Others .....Respondent(s) concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 11, 2025 Ved Prakash A227 No. 10790 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad