[Cites 2, Cited by 0]
Allahabad High Court
Munna vs Barsati And 8 Others on 10 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:17423
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 1099 of 2026
Munna
.....Petitioner(s)
Versus
Barsati And 8 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Rajeev Kumar Singh, Manish Vaish
Counsel for Respondent(s)
:
Court No. - 19
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Rajeev Kumar Singh, learned counsel for the petitioner and perused the record.
2. In view of the proposed order being passed, notice to respondents is hereby dispensed with.
3. By means of the present petition under Article 227 of the Constitution of India, the petitioners have prayed for the following relief:
"(i) to issue a order or direction to the Additional Civil Judge (Junior Division), Court No. 26 to decide the Misc. Connected Case No. 01 of 2012 "Munna Versus Mahadeo & others" pending for recall of the exparte judgment and order dated 25.07.2011 passed by the opposite party no. 1 in Regular Suit No. 497 of 2004 "Mahadeo Prasad & others Versus Kanhaiya Lal & others" as earliest as possible within the stipulated period, in the interest of justice."
4. It is submitted on behalf of the petitioner that an application under Order IX Rule 13 of CPC against the exparte judgment and order dated 25.07.2011 is pending before the Court of learned Additional Civil Judge (Junior Division), Barabanki as Misc. Case No. 01 of 2012 in Regular Suit No. 497 of 2004 "Mahadeo Prasad & others Versus Kanhaiya Lal & others". It is contended on behalf of the petitioner that the Court of learned Additional Civil Judge (Junior Division), Barabanki vide order dated 04.01.2012 stayed the operation and implementation of the order dated 25.07.2011 till the disposal of the said Recall Application and fixed 04.02.2012 as the next date, but since then, the matter is pending for disposal. It is contended that the opposite party nos. 1 to 5 are disturbing the peaceful possession of the petitioner over the land in question despite the fact that the operation of exparte judgment and order dated 25.07.2011 has already been stayed by the Court of learned Additional Civil Judge (Junior Division), Court No. 26, Barabanki vide order dated 04.01.2012.
5. Taking into consideration the aforesaid facts, this Court is of the view that no useful purpose would be served to keep this petition pending. Accordingly, the present petition is disposed of with a direction to the learned Additional Civil Judge (Junior Division), Barabanki to decide the pending application filed under Order IX Rule 13 CPC as Misc. Case No. 01 of 2012 in Regular Suit No. 497 of 2004 "Mahadeo Prasad & others Versus Kanhaiya Lal & others strictly in accordance with law, after affording due opportunity of hearing to the parties concerned; expeditiously and preferably within a maximum period of four months from the date of receipt of a certified copy of this order, unless there is any legal impediment. It is further directed that no unnecessary adjournments be granted to either of the parties and the adjournment, if prayed for, the same shall be granted only in exceptional circumstances.
(Syed Qamar Hasan Rizvi,J.)
March 10, 2026
Arun
