Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3785 of 2021 Petitioner :- Rajroop Vishwakarma @ Rajrup Sharma And Another Respondent :- The Additional District Judge And 7 Others Counsel for Petitioner :- Prem Shankar Sharma
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) direct the learned Second Additional District Judge/ Fast Track Court, Ghazipur to conclude and decide the Restoration Application No. 9 of 2009 in Civil Appeal No. 80 of 2009 (Rajroop Vishwakarma and antoher Vs. Smt. Sharda Devi andothers), pending before him, within stipulated time period as fixed by this Hon'ble Court."
Learned counsel for the petitioners submits that his restoration application in respect of dismissal of suit in default is pending since 11.01.2019.
Learned Standing Counsel has no objection in case if a direction is issued for disposal of aforesaid restoration application strictly in accordance with law and after putting to notice all the concerned parties.
In view of the above, the writ petition is disposed of with a direction to the court concerned to consider and decide the aforesaid restoration application of the petitioners strictly in accordance with law after recording satisfaction regarding service of summons to the defendant/ plaintiff/ petitioner and after putting to notice all the concerned parties and giving full opportunity of hearing, as expeditiously preferably within a period of three months from the date of production of this order.
Order Date :- 13.8.2021 IrfanUddin