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2025 DAILYLAW 92434 (ALL)

RAJESH KUMAR DWIVEDI v. BRIJESH KUMAR DWIVEDI

A227/10518/2025 · 2025-09-07

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10518 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: " (I) Direct the learned court below to decide the recall/restoration (Kaymi) application dated 19.10.2022 filed by the petitioner in Misc. Case no. 181 of 2022 (Rajesh Kumar Dwivedi Vs Brijesh Kumar Dwivedi) under order 09 Rule 13 and Section 151 C.P.C. before the Civil Judge Senior Division, Court No. 18, district Deoria, within stipulated period as determine by this Hon'ble Court. (Annexure no. 3 to this Writ petition). (11) Issue order or direction in the nature of mandamus commanding the respondent/plaintiff not interfere the peaceful possession of the petitioner over the land in question, not create the third party rights and also direct the respondent / plaintiff not disturb to the petitioner in the aforesaid land till disposal of recall/restoration (Kaymi) application dated 19.10.2022 filed by the petitioner." 3. Contention of the learned counsel for the petitioner is that a restoration application is pending since 2022 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 Versus Counsel for Petitioner(s) : Sharad Chand Rai Counsel for Respondent(s) : Rajesh Kumar Dwivedi .....Petitioner(s) Brijesh Kumar Dwivedi .....Respondent(s) direction to the Civil Judge Senior Division, Court No. 18, district Deoria to consider and decide the aforementioned 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 opposite parties, 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. September 8, 2025 Nitika Sri. A227 No. 10518 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad