Ram Murat vs Ram Komal (Since Deceased) And 14 ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6128 of 2022
 

 
Petitioner :- Ram Murat
 
Respondent :- Ram Komal (Since Deceased) And 14 Others
 
Counsel for Petitioner :- Amit Prakash Upadhyay,Gyanendra Prakash Srivastava
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Amit Prakash Upadhyay, learned counsel for the petitioner and perused the record.

Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the Civil Judge(Junior Division), Azamgarh to decide Misc. Case No. 159 of 2018(Kawalpatti & others vs. Ram Komal & others) in Original Suit No. 481 of 1982(Ram Komal vs. Kawalpatti) within a stipulated time period.

It is submitted by learned counsel for the petitioner that the suit filed by the plaintiffs-respondents was ex-parte decreed by the Court below vide judgment and order dated 5.5.1984. The petitioner had moved an application under Order 9 Rule 13 read with section 151 C.P.C. for recall of ex-parte order alongwith delay condonation application which is numbered as Misc. Case No.159 of 2018. Notices were issued to the plaintiffs-respondents on the restoration application. It is further submitted that notice upon plaintiffs-respondents was served through publication on the restoration application but inspite of service upon plaintiffs-respondents, they have neither put in appearance before the Court below nor filed any objection to the restoration application in order to delay the disposal of restoration application which is pending since 2018.

Without going into merit of the case, it is appropriate that the above misc. case be decided expeditiously.

In view of above, Civil Judge(Junior Division), Azamgarh/Court concerned is directed to decide the Misc. Case No. 159 of 2018(Kawalpatti & others vs. Ram Komal & others) in Original Suit No. 481 of 1982(Ram Komal vs. Kawalpatti) expeditiously, if possible within six months from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.

With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.

Order Date :- 11.8.2022

P.P.