Civil Misc. Recall Application.
This is an application by the responents to recall the order dated 3.5.2011. In the application, it is stated that though the order dated 31.3.2010 has been recalled by the Division Bench of this Court vide order dated 22.4.2011. Despite the order being recalled, but the said fact has not been informed to the Court by the learned counsel for the petitioner.
Learned counsel for the petitioner submitted that he was not aware about the order dated 22.4.2011.
In any view of the matter, since the order dated 31.3.2010 has been recalled, which is basis for passing the order dated 3.5.2011, in the circumstances, the order dated 3.5.2011 is recalled. The writ petition is restored to its original number. The application is allowed.
Order Date :- 9.5.2014 OP Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 1031 of 2011 Petitioner :- Om Prakash Verma Respondent :- Smt. Krishna Devi And Others Counsel for Petitioner :- Kailash Nath Kesharwani Counsel for Respondent :- Ranjit Saxena Hon'ble Rajes Kumar,J.
Heard Sri K.N. Kesharwani, learned counsel for the petitioner and Sri Ranjeet Singh, learned counsel for the respondents.
Learned counsel for the petitioner states that he is not pressing prayer no. 1 and is only pressing prayer no. 2 by which a direction has been sought to the IIIrd Additional Civil Judge (Senior Division), Etawah to decide Original Suit No. 20 of 1983 (Om Prakash Verma Vs. Ram Babu Verma & others) at an early date to which learned counsel for the respondents has no objection to such prayer.
Since the suit is of 1983, it would be appropriate to direct the IIIrd Additional Civil Judge (Senior Division), Etawah or to any competent court, where Original Suit No. 20 of 1983 (Om Prakash Verma Vs. Ram Babu Verma & others) is pending, to decide the suit expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order in accordance to law, if there is no legal impediment.
Order Date :- 9.5.2014 OP