Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10878 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard learned counsel for the petitioner. 2.The instant Matter Under Article 227 has been filed for the following relief:-
"i. It is therefore, most respectfully prayed that this Honble Court may graciously pleased to direct the judge of Small Causes Court, Allahabad to decide the restoration application filed under Order-9 Rule-13 of C.P.C. of the petitioner dated 21.05.2025 registered as Misc. Case No.35 of 2025 (Mohammad Firoz Vs. Ahmad Faiz and another) in SCC Suit No.23 of 2024 (Ahmad Faiz Vs. Fakhruddin) within a specific period of time as may be determined by this Hon'ble court and or may pass further suitable order as this Hon'ble Court may deem fit and consider proper under the circumstances of the case".
3. Learned counsel for the petitioner submitted that agaisnt the compromises decree passed in S.C.C. Suit, an application under Order-9, Rule 13 C.P.C. (Misc. Case No.35 of 2025) filed on behalf of the petitioner is pending before the Judge small Cause court since
21.05.2025. He further placed copy of order passed by Judge Small Cause which has been annexed as Annexure No.9 to the writ petition in order to demonstrate that the case is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally directing Judge Small Cause Allahabad to decide the Versus Counsel for Petitioner(s) : Mohammad Khalid Counsel for Respondent(s) :
Mohammad Firoz .....Petitioner(s) Ahmad Faiz And Another .....Respondent(s)
aforementioned Misc. Case No.35 of 2025 in accordance with law expeditiously and preferably within a period of two months from the date of production of certified copy of this order after giving opportunity of hearing to both the parties. September 12, 2025 PS*/Vandana A227 No. 10878 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad