Allahabad High Court
Ram Paras Nath And 2 Others vs Smt. Prema Devi And 3 Others on 6 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34892 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3759 of 2025 Petitioner :- Ram Paras Nath And 2 Others Respondent :- Smt. Prema Devi And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh,Vijayendra Prakash Tripathi Hon'ble Manjive Shukla,J.
1. Heard Shri Mulayam Singh Yadav, Advocate, holding brief of Shri V.P. Tripathi, learned counsel appearing for the petitioners.
2. The instant petition under Article 227 of the Constitution of India has been filed, inter alia, praying therein for issuance of a direction to the learned Civil Judge (Junior Division), Bahraich to decide the application filed under Order IX Rule 4 C.P.C. read with Section 151 C.P.C., pending since 18.12.2022.
3. It has been contended on behalf of the petitioners that the Civil Suit No.324 of 1995 filed for cancellation of sale-deed had been dismissed on 12.10.2022 for want of prosecution. It has further been contended that thereafter, an application under Order IX Rule 4 C.P.C. read with Section 151 C.P.C. has been filed on 18.12.2022 for restoration of the suit but the said application till date, has not been decided.
4. Learned counsel appearing for the petitioners has submitted that there is urgency in the matter but the trial Court is not deciding the application and accordingly the matter is kept pending.
5. I have considered the submissions made by the learned counsel appearing for the petitioners and I find that an application under Order IX Rule 4 C.P.C. read with Section 151 C.P.C. has been filed on 18.10.2022 in Civil Suit No. 324 of 1995.
6. In view of the submission made by the learned counsel appearing for the petitioners, this writ petition is finally disposed of with a direction to the learned Civil Judge (Junior Division), Bahraich to decide the application filed under Order IX Rule 4 C.P.C. read with Section 151 C.P.C. in Civil Suit No. 324 of 1995 with a period of six months from the date of presentation of certified copy of this order.
Order Date :- 6.6.2025 MVS/-