Om Prakash Verma vs Smt. Krishna Devi And Others
2014 Latest Caselaw 1622 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1031 of 2011
 

 
Petitioner :- Om Prakash Verma
 
Respondent :- Smt. Krishna Devi And Others
 
Counsel for Petitioner :- Kailash Nath Kesharwani
 
Counsel for Respondent :- Ranjit Saxena
 

 
Hon'ble Rajes Kumar,J.

Civil Misc. Recall Application.

This is an application by the responents to recall the order dated 3.5.2011. In the application, it is stated that though the order dated 31.3.2010 has been recalled by the Division Bench of this Court vide order dated 22.4.2011. Despite the order being recalled, but the said fact has not been informed to the Court by the learned counsel for the petitioner.

Learned counsel for the petitioner submitted that he was not aware about the order dated 22.4.2011.

In any view of the matter, since the order dated 31.3.2010 has been recalled, which is basis for passing the order dated 3.5.2011, in the circumstances, the order dated 3.5.2011 is recalled. The writ petition is restored to its original number. The application is allowed. 

Order Date :- 9.5.2014

OP

Case :- MATTERS UNDER ARTICLE 227 No. - 1031 of 2011

Petitioner :- Om Prakash Verma

Respondent :- Smt. Krishna Devi And Others

Counsel for Petitioner :- Kailash Nath Kesharwani

Counsel for Respondent :- Ranjit Saxena

Hon'ble Rajes Kumar,J.

Heard Sri K.N. Kesharwani, learned counsel for the petitioner and Sri Ranjeet Singh, learned counsel for the respondents.

Learned counsel for the petitioner states that he is not pressing prayer no. 1 and is only pressing prayer no. 2 by which a direction has been sought to the IIIrd Additional Civil Judge (Senior Division), Etawah to decide Original Suit No. 20 of 1983 (Om Prakash Verma Vs. Ram Babu Verma & others) at an early date to which learned counsel for the respondents has no objection to such prayer.

Since the suit is of 1983, it would be appropriate to direct the IIIrd Additional Civil Judge (Senior Division), Etawah or to any competent court, where Original Suit No. 20 of 1983 (Om Prakash Verma Vs. Ram Babu Verma & others) is pending, to decide the suit expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order in accordance to law, if there is no legal impediment.

Order Date :- 9.5.2014

OP