Disposed

Santosh Kumar Thru. His Power of Attorney Holder Shri Shubham Agarwal v. Addl. District Judge,Court No . 14, Lko. and Another

Allahabad HC4 Sept 2024/4202/2024

Case brief

AI extract

What is this about?

Single judge order under Article 227 directing the lower court to expedite and decide a nine-year-old application for restoration of a suit dismissed in default within six weeks.

What did the court decide?

Directed the Additional Civil Judge to decide the pending application for restoration (Misc. Case No. 254 of 2015) within six weeks.

Santosh Kumar Thru. His Power of Attorney… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60905

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 4202 of 2024

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Petitioner :- Santosh Kumar Thru. His Power Of Attorney Holder Shri Shubham Agarwal

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Respondent :- Addl. District Judge,Court No . 14, Lko. And Another

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Counsel for Petitioner :- Kaustubh Singh

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Hon'ble Alok Mathur,J.

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Heard Shri Kaustubh, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

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In view of the proposed order notice to private respondents is dispensed with.

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The present petition under Article 227 of the Constitution of India has been filed with the prayer to expedite the hearing and disposal of Misc.Case No. 254 of 2015 (Santosh Kumar Vs. Laxmi Kant) expeditiously which is pending before the learned Civil Judge (Senior Division), Court No. 23, Lucknow.

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It has been submitted by learned counsel for the petitioner that the petitioner had filed regular suit for possession before the learned Civil Judge (Senior Division), Lucknow which was registered as Regular Suit No. 964 of 2007. It is further submitted that subsequently the said suit was dismissed in default on 22.04.2015 and an application for restoration under Order 9, Rule 9 of C.P.C. was moved immediately thereafter which is registered as Misc. Case No. 254 of 2015, which is pending consideration.

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In the present petition a prayer was made for a suitable direction to the court concerned to decide the application for

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restoration with expedition.

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Considering the fact that restoration application is pending for the last nine years, learned Additional Civil Judge (Senior Division), Court No. 23, Lucknow is directed to consider and decide the Misc.Case No. 254 of 2015 (Santosh Kumar Vs. Laxmi Kant) expeditiously say within a period of six weeks from the date a certified copy of this order is produced before him in accordance with law, if there is no legal impediment.

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(Alok Mathur, J.)

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Order Date :- 4.9.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Santosh Kumar Thru. His Power of Attorney Holder Shri Shubham Agarwal v. Addl. District Judge,Court No . 14, Lko. and Another

Case brief

What is this about?

What did the court decide?

Santosh Kumar Thru. His Power of Attorney Holder Shri Shubham Agarwal v. Addl. District Judge,Court No . 14, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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