NANDLAL (SINCE DECEASED) AND ANOTHER v. LALLAN AND ANOTHER
A227/11708/2025 · 2025-09-23
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 99124 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99124 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11708 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. Issue an order or direction, directing the learned Civil Judge (S.D.). Varanasi to decide the Recall/Mutfarka Case No. 146 of 2015 (Nandlal Vs. Lallan and another) filed in Execution Case No. 3 of 2007 arising out of Original Suit No. 129 of 1985, pending before him for expeditious disposal within stipulated period of time or as directed by this Hon'ble Court."
3. Contention of the learned counsel for the petitioners is that a recall application being Case No.146 of 2015 is pending before Civil Judge (S.D.). Varanasi 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 (S.D.). Varanasi to consider and decide the aforementioned 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 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.
September 24, 2025 S. Singh
Versus Counsel for Petitioner(s) : Akhilesh Kumar Tiwari Counsel for Respondent(s) : Amit Kumar Mishra (Manish Kumar Nigam,J.) Nandlal (Since Deceased) And Another .....Petitioner(s) Lallan And Another .....Respondent(s) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad