Court No. 68 directed the registrar to decide a Restoration Application filed on 21.08.2014 within one month to address the petitioner's grievance regarding delay in preparing the final decree.
Direction to decide the Restoration Application dated 21.08.2014 within one month.
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Court No. - 68
Case :- WRIT - C No. - 24165 of 2020
Petitioner :- Badri Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Shankar Pd Gupta Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The record reveals that the suit for partition was finally decided on 18.07.2014 and thereafter on 21.08.2014, the respondent no.3 filed a Restoration Application.
Grievance of the petitioner is that after the Restoration Application was filed, the final decree was not being prepared and executed. Therefore, a prayer has been made to issue a direction to decide the Restoration Application dated 21.08.2014 being Application No.RST/638/2013/2013-2014 (Computerized Case No.T201615060603467) be decided expeditiously.
Under such circumstances, without entering into the merits of the case, it is being directed that the Restoration Application dated 21.08.2014 being Application No.RST/638/2013/20132014 (Computerized Case No.T201615060603467) be decided within a period of one month from the date of presentation of a copy of this order. This order would be duly certified by the petitioner's counsel.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 17.12.2020 Siddhant
2 issues framed by the court
Whether a direction should be issued to decide the Restoration Application filed on 21.08.2014 expeditiously
Whether the final decree in the partition suit should be prepared and executed after the Restoration Application
Badri Prasad
State Of U.P.
2 Others
Siddhartha Varma
As recorded by the court registry
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