Disposed

Deep Chandra Agarwal v. Sheo Kumar Mishr and Another

Allahabad HC12 Apr 2022A227/2591/2022

Case brief

AI extract

What is this about?

The High Court directed the Civil Judge (Senior Division), Allahabad, to decide a pending restoration application filed in 2019 within six months, without unnecessary adjournments, to recall an order dismissing a cancellation of sale deed. The petition was finally disposed of with this direction.

What did the court decide?

Directed the Civil Judge (Senior Division), Allahabad, to decide the pending restoration application within six months.

Deep Chandra Agarwal Vs Sheo Kumar Mishr and Another — Property and Title | Allahabad HC (2022)

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2591 of 2022 Petitioner :- Deep Chandra Agarwal Respondent :- Sheo Kumar Mishr And Another Counsel for Petitioner :- Arun Kumar

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the petitioner and perused the record.

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Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Civil Judge (Senior Division), Allahabad to decide the restoration application no. 57 of 2019 (Ajay Kumar Agarwal vs. Sheo Kumar Mishra and others) filed in the Original Suit No. 835 of 2004 (Ajay Kumar Agarwal and others vs. Sheo Kumar Mishra and another) within stipulated period of time.

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It is submitted by the learned counsel for petitioner that the suit filed by petitioners for cancellation of sale deed was dismissed in default in absence of plaintiffs-petitioners on 20.10.2005. It is further submitted that the petitioner-plaintiffs had filed restoration application along with delay condonation application for recalling the order dated 20.10.2005 on 06.11.2019, which was registered as Misc. Case No. 57 of 2019. Lastly, it is submitted that the restoration application filed by petitioner for recalling the order dated 20.10.2005 is pending for disposal since 2019.

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Considering the submissions of learned counsel for the petitioner, without going into merit of the case, the Civil Judge (Senior Division), Allahabad is directed to decide the restoration application no. 57 of 2019 (Ajay Kumar Agarwal vs. Sheo Kumar Mishra and others) filed in the Original Suit No. 835 of 2004 (Ajay Kumar Agarwal and others vs. Sheo Kumar Mishra and another) expeditiously preferably within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.

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With the aforesaid direction, the instant petition is finally disposed of.

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Order Date :- 12.4.2022 sailesh

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Digitally signed by SAILESH PRAJAPATI Date: 2022.04.13 10:29:05 IST Reason: Location: High Court of Judicature at Allahabad

Deep Chandra Agarwal v. Sheo Kumar Mishr and Another

Case brief

What is this about?

What did the court decide?

Deep Chandra Agarwal v. Sheo Kumar Mishr and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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