Hari Ram Tiwari And Another vs Durgesh And 3 Others
2021 Latest Caselaw 1139 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3791 of 2020
 

 
Petitioner :- Hari Ram Tiwari And Another
 
Respondent :- Durgesh And 3 Others
 
Counsel for Petitioner :- Satyendra Kumar Pal
 
Counsel for Respondent :- Ghan Shyam Dubey
 

 
Hon'ble Prakash Padia,J.

Heard learned counsel for the parties.

The petitioners have preferred the present writ petition under Article 227 of the Constitution of India inter-alia with the prayer to set aside the order dated 5.9.2020 passed by the Additional District & Sessions Judge/Special Judge (POCSO Act), Room No.4, Gorakhpur in Civil Revision No.16 of 2020 (Hari Ram Tiwari and another Vs. Durgesh and others)

It appears from the perusal of record that the suit being Original Suit No. 880 of 2003 (Vijai Kumar Tiwari (Dead) Vs. Hari Ram Tiwari and another was dismissed in default vide order dated 4.12.2018. To recall the said order an application was filed by the plaintiff before the trial court which was numbered as Misc. Case No. 275 of 2018. The said application was allowed by the trial court vide judgment and order dated 24.2.2020. Against the said order a revision was preferred by the present petitioners, which was also rejected by the revisional court vide its order dated 5.9.2020. By the aforesaid order the revisional court directed the trial court to decide the said suit on merit without granting unnecessary adjournment to either of the parties.

Learned counsel for the parties agree that a direction be given to the trial court to decide the said suit on merits.

In the facts and circumstances of the case, without entering into merits of the case and without interfering with the order passed by the revisional court dated 5.9.2020, the present petition is disposed of finally with a direction to the court below to consider and decide the said suit most expeditiously and preferably within a period of six months from the date of production of a certified copy of this order.

Order Date :- 19.1.2021

SKM