Allahabad High Court
Nagendra Kumar Trivedi vs Kanpur Development Authority Kanpur ... on 5 February, 2025
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:16445 Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 1169 of 2025 Petitioner :- Nagendra Kumar Trivedi Respondent :- Kanpur Development Authority Kanpur Through Its Vice - Chairman And Another Counsel for Petitioner :- Vijay Kumar Mishra Counsel for Respondent :- Anand Prakash Paul,Sanjeet Kumar Dubey Hon'ble Alok Mathur,J.
1. Heard Sri Vijay Kumar Mishra, learned counsel for the petitioner as well as Sri Sanjeet Kumar Dubey, learned counsel appearing for respondent nos. 1 and 2.
2. It has been submitted by learned counsel for the petitioner that petitioner has filed a suit for regularisation of the construction of the house being Case No. 1904 of 2005 - Nagendra Kumar Trivedi Vs. Kanpur Development Authority. It is submitted that the said suit was decreed ex-parte by order dated 08.11.2012 and subsequently defendant had moved an application for recall of the ex-parte order, which is numbered as Misc. Case No. 558 of 2022 - Kanpur Development Authority Vs. Nagendra Kumar Trivedi, which is still pending consideration and accordingly, prayer has been made for direction to the Civil Judge (Senior Division)/Fast Track Court (Senior Division), Kanpur Nagar to decide Misc. Case No. 558 of 2022.
3. Considering the prayer made by the petitioner and also considering the fact that an ex-parte decree was passed in the year 2012, the Civil Judge (Senior Division)/Fast Track Court (Senior Division), Kanpur Nagar is directed to expedite the proceedings of Misc. Case No. 558 of 2022 - Kanpur Development Authority Vs. Nagendra Kumar Trivedi, without giving any unnecessary adjournment to either of the party, in case there is no legal impediment in deciding the aforesaid case.
4. With aforesaid directions the present petition stands disposed of.
5. It is made clear that this Court has not expressed any opinion on the merits of the case and the Court below is at liberty to decide the aforesaid case on its merit.
Order Date :- 5.2.2025 A. Verma (Alok Mathur, J.)