Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4600 of 2021 Petitioner :- Arvind Kumar Respondent :- Kallu Singh And Another Counsel for Petitioner :- Rajesh Kumar
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief as substantial one :-
"(A). Issue order or direction to directing the court below civil judge (J.D.) Banda District Banda to decide the restoration / recall application /Misc. application no. 05/74/2013 (Arvind Kumar and others v. Kallu Singh and another) under order 9 Rule 13 C.P.C. read with section 151 C.P.C. pending before the court of learned Civil Judge (J.D.) Banda as early as possible within a stipulated period to be fixed by this Hon'ble Court."
Learned counsel for the petitioner submits that petitioner is confining his prayer to the effect that a direction be issued to decide aforesaid application for recall in a time bound period.
Considering the overall facts and circumstances of the case, the petition is disposed of with a direction to the court concerned to consider and decide the aforesaid application for recall strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of three months from the date of production of copy of this order.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one Order Date :- 27.9.2021 Kuldeep