Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6358 of 2019 Petitioner :- Thakur Govind Dev Ji Maharaj Virajman Respondent :- Anuj Kumar Goswami And 3 Others Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the court below to decide Misc. Case No.55 of 2012 and Misc. Case No.132 of 2018, expeditiously.
Original Suit No.704 of 2006 instituted by the petitioner was dismissed in default. The petitioner filed an application for recall of the order dated 11.9.2012 dismissing the suit in default. It was registered as Misc. Case No.55 of 2012. Misc. Case No.55 of 2012 also came to be dismissed in default. The petitioner again filed an application for recall of order dismissing Misc. Case No.55 of 2012 which was registered as Misc. Case No.59 of 2013 and was allowed by order dated 9.3.2018. Respondent No.1 filed application for recall of order dated 19.3.2018 which came to be registered as Misc. Case No.132 of 2018.
Having regard to the entire facts, the instant petition is disposed of with direction to the court below to ensure expeditious disposal of Misc. Case No.132 of 2018, by fixing short dates and without granting unnecessary adjournments. In case Misc. Case No.132 of 2018 is dismissed, the court shall decide Misc. Case No.55 of 2012 without any further delay.
(Manoj Kumar Gupta, J.) Order Date :- 27.8.2019 skv