Shiv Bardan Shukla and 3 Others v. State of U.P. Thru. Distt. Magistrate / Collector Ayodhya and 5 Others

Court No. - 3 Case :- WRIT - C No. - 7370 of 2023 Petitioner :- Shiv Bardan Shukla And 3 Others Respondent :- State Of U.P. Thru. Distt. Magistrate / Collector Ayodhya And 5 Others Counsel for Petitioner :- Radhey Shyam Tiwari,Raghaw Ram Upadhyay Counsel for Respondent :- C.S.C.,Piyush Pathak,Sharad Pathak Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard counsel for the parties.

¶2Admittedly, there is a ex-parte judgment and order dated 30.11.2021 passed by the Additional Civil Judge (JD)- VI, Faizabad in O.S. No. 611 of 2019 (Shiv Kumar Shukla vs. Shiv Bardan Shukla and Ors.), in which petitioners are defendants.

¶3Counsel for the petitioners states that against the same, they have filed a recall application which is numbered as Misc. Case No. 3/2023 and is pending before aforesaid the aforesaid Additional Civil Judge (JD)- VI, Faizabad. Both the parties have already appeared therein.

¶4In the given circumstances, the Additional Civil Judge concerned is directed to decide the Misc. Case No. 3/2023 after hearing both the parties concerned in accordance with law within a period of three weeks' from the date of production/receipt of certified copy of this order.

¶5With the aforesaid direction, writ petition stands disposed of.

¶6Both the parties shall fully co-operate in the proceedings and shall not seek any unnecessary adjournments, including on the ground of strike of lawyers. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 27.10.2023 Nitesh High Court of Judicature at Allahabad, Lucknow Bench