Disposed

Tushar Sharma and Another v. Civil Judge (Senior Division) Court No 20 Barabanki and 4 Others

Allahabad HC9 Jul 2024A227/3109/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227 concerning a pending recall application in a lower court, the High Court disposed of the matter without examining merits, granting the petitioner liberty to file an urgency application and directing the Civil Judge to decide it expeditiously.

What did the court decide?

Petitioner granted liberty to move urgency application for early disposal of recall application; Civil Judge directed to decide it expeditiously.

Tushar Sharma and Another vs Civil Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46504

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3109 of 2024

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Petitioner :- Tushar Sharma And Another Respondent :- Civil Judge (Senior Division) Court No 20 Barabanki And 4 Others Counsel for Petitioner :- Mukesh Kumar Tewari

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioners has submitted that the present writ petition has been preferred for issuing direction to the Civil Judge (Senior Division), court no. 20, Barabanki to decide the application for recall dated 10.07.2023 bearing No. Ga-21 filed by the private respondents, who were defendants in Regular Suit No. 93/2023 filed by the petitioners for recalling the order dated 03.07.2023.

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It is further submitted that the recall application dated 10.07.2023 filed by the private respondent nos. 2 to 5 is pending from last about one year.

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On being specifically asked from learned counsel for the petitioners that whether petitioners have preferred any urgency application for early disposal of the recall application by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioners that no such application has been preferred before the court concerned and petitioners have approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioners has submitted that present petition may be disposed of with a liberty to the petitioners to move urgency application for early disposal of the recall application before the Court concerned and if such application is preferred by the petitioners, the same may be decided by respondent no. 1 within the stipulated time by this Court may fix.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present

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petition is disposed of with liberty to the petitioner to move urgency application for early disposal of the recall application dated 10.07.2023, before respondent no. 1. If such urgency application is preferred, it is expected that respondent no. 1 shall decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 9.7.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Tushar Sharma and Another v. Civil Judge (Senior Division) Court No 20 Barabanki and 4 Others

Case brief

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Tushar Sharma and Another v. Civil Judge (Senior Division) Court No 20 Barabanki and 4 Others

Case brief

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