Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7608 of 2021 Petitioner :- Jugal Kishor Goswami Respondent :- State Of U.P. Through District Magistrate And 9 Others Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Ishir Sripat, learned counsel for petitioner and perused the record.
The present petition has been filed by petitioner seeking direction to court below to decide the Restoration/Recall Misc. Case No.24 of 2019 in Original Suit No.646 of 2007 pending in the court of Civil Judge (S.D.)/Fast Track Court, Mathura within a stipulated period.
It is submitted by learned counsel for petitioner that petitioner has filed a suit for permanent injunction which was registered as Original Suit No.646 of 2007. The suit was dismissed in default on 31.1.2019. The petitioner-plaintiff had moved an application on 13.3.2019 under Order IX Rule 4 C.P.C. for restoration along with delay condonation application. The defendants have not filed objection to the delay condonation application filed in support of restoration application. It is further submitted that restoration application filed by petitioner- plaintiff is still pending since 13.3.2019 and in spite of best efforts it could not be decided till date.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (S.D.)/Fast Track Court, Mathura is directed to decide Restoration/Recall Application dated 13.3.2019 which was registered as Misc. Case No.24 of 2019, preferably within a period of six months from the date of production of certified copy of this order unless there is any legal impediment, after affording opportunity of hearing to all the parties.
With the aforesaid directions, the petition is disposed of.
Order Date :- 21.12.2021 Kpy