Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3849 of 2021 Petitioner :- Moolchand Gupta And Another Respondent :- Upper Civil Judge (S.D.) (F.T.C.) And 26 Others Counsel for Petitioner :- D. Kumar. Misra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioners have prayed for following relief:-
"(i). To issue, an order or direction in the nature of mandamus commanding the respondent no. 1, Upper Civil Judge (S.D.) (F.T.C.), Court no. 10, Azamgarh, District Azamgarh to decide the restoration application no. 04 of 2012, Chetnarain Singh v. "Ramilila Seva Samiti Bilariya Ki Chungi, Hirapatti, City Azamgarh through its Mantri, Moolchand Gupta and Others, pending before the learned Upper Civil Judge (S.D.) (F.T.C.) Court No. 10 Azamgarh, District Azamgarh, in a fix period which being fixed by this Hon'ble Court ."
It is argued by the learned counsel for the petitioner that plaintiff has already appeared in the application for recall of the ex parte decree.
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid restoration application no. 04 of 2012, Chetnarain Singh v. "Ramilila Seva Samiti Bilariya Ki Chungi, Hirapatti, City Azamgarh through its Mantri, Moolchand Gupta and Others and Another strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, 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 :- 12.8.2021 Sanjeev