Subash Chandra v. Jai Ram and 4 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9260 of 2023 Petitioner :- Subash Chandra Respondent :- Jai Ram And 4 Others Counsel for Petitioner :- Madan Ji Pandey,Dharmendra Nath Mishra Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief:- "i. Issue an order or direction upon the learned court below to decide the Restoration/Recall Application bearing Case No.562 of 2022 (Subash Chandra & another Vs. Jai Ram & others) pending in the Court of the learned Civil Judge (Jr. Div.)-II, Ballia arising out of Original Suit No.369 of 2013 (Subash Chandra & another Vs. Jai Ram & others) within some specific period as may be fixed by this Hon'ble Court."

¶3The contention of the learned counsel for the petitioner is that a suit for injunction was filed by the plaintiff-petitioner which was dismissed for non-prosecution by an order dated

12.10.2022. Thereafter, it is stated that an application paper no.4-C was filed on 09.11.2022 under Order IX Rule 9 CPC which was numbered as Misc. Case No.562 of 2022, and is stated to be pending.

¶4Considering the facts and circumstances of the present case and without entering into the merits of the matter, the trial court is required to proceed with the consideration of the aforesaid Case No.562 of 2022 under Order IX Rule 9 CPC filed by the petitioner, expeditiously and without granting any unnecessary adjournments to either of the parties.

¶6The petition is, accordingly, disposed of. Order Date :- 18.10.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad