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2026 DAILYLAW 2949 (ALL)

RAJRANI AND ANOTHER v. SMT. SHANTI AND 5 OTHERS

A227/6223/2026 · 2026-05-04

Vikas Budhwar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6223 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Anurag Rai, learned counsel for the defendant-petitioners. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the plaintiff-respondents. 3. The case of the defendant-petitioners is that there happens to be an Original Suit no.313 of 1984 instituted by Jagdish Bharti vs Chandan Lal on 05.07.1984 before the Court of Civil Judge (Jr. Div.) Fatehpur, which came to be decreed exparte on 28.04.2011. Thereafter, the husband of defendant- petitioner no.1 preferred a recall application in the year for recalling the order dated 28.04.2011 in Misc. Case no. 1174 of 2012, which is pending. However, Chandan Lal expired. Thereafter the petitioners claim to have got substituted and they are pursuing the said proceedings, however, now Execution Case no. 03 of 2012 has been preferred to which an objection was preferred, which was rejected on 02.04.2026. Learned counsel for the petitioners confines the relief for disposal of the recall application and forgoes the claim with respect to the challenge raised to the order dated 02.04.2026. 4. Bearing in mind the aforesaid fact situation, the petition stands disposed of leaving it open to the petitioners to pursue the recall application, which is pending for recalling of the order dated 28.04.2011. 5. It is expected that if there is no legal impediment, the recall application be decided without granting unnecessary adjournment in that regard. May 5, 2026 N.S.Rathour Versus Counsel for Petitioner(s) : Anurag Rai, Anurag Tiwari Counsel for Respondent(s) : (Vikas Budhwar,J.) Rajrani And Another .....Petitioner(s) Smt. Shanti And 5 Others .....Respondent(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad