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2025 DAILYLAW 98582 (ALL)

DEEPNARAYAN NAYAK v. NAGENDRA PRASAD NAYAK AND 2 OTHERS

A227/11941/2025 · 2025-09-25

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11941 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. to, direct the learned Civil Judge (Junior Division) Bansgaon, District Gorakhpur to decide the Misc. Case (recall application) No. 12 of 2017 (Nagendra Prasad Nayak and otthers Vs. Deepnarayan Nayak) filed in Original Suit No. 1049 of 2004 (Deepnarayan Nayak Vs. Nagendra Prasad Nayak and others), pending before the learned Civil Judge (Junior Division) Bansgaon, District Gorakhpur, expeditiously preferably within a short period as fixed by this Hon'ble Court in accordance with law." 3. Contention of the learned counsel for the petitioner is that recall application is pending since 2017 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) Bansgaon, District Gorakhpur to consider and decide the recall 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 Versus Counsel for Petitioner(s) : Jitendra Singh, Vinay Kumar Jaiswal Counsel for Respondent(s) : Deepnarayan Nayak .....Petitioner(s) Nagendra Prasad Nayak And 2 Others .....Respondent(s) without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 26, 2025 Nitika Sri. A227 No. 11941 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad