Created by Fuzzy Cloud

Allahabad High Court

HARIRAMversusBANSHRAJI DEVI AND 9 OTHERS

Decided

Holding

The writ petition is disposed, with a direction to the Civil Judge (Senior Division), Azamgarh, to decide the pending application within eight months, after serving notice and providing a hearing to all respondents.

Summary

Hariram filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Azamgarh, to decide Application No.27 Ga 2 for recalling an ex‑parte order dated 04‑04‑2023 in case No. 246 of 2022 (Banshraji vs. Hariram). The Court noted that the underlying suit was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the Civil Judge to decide the pending application within eight months, ensuring service of notice and an opportunity of hearing to all respondents, provided no other legal impediment exists. The order effectively dismisses the petition while mandating prompt adjudication of the recall application.

Issues considered

  • What relief, if any, should be granted in the writ petition seeking direction to the Civil Judge to decide the pending application for recalling an ex‑parte order?

Subjects

  • Writ petition
  • Article 227
  • ex‑parte order
  • recall application
  • Civil Procedure Code
  • notice
  • hearing
  • direction

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5786 of 2026

                                    Hariram
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Banshraji Devi And 9 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Ashok Kumar Singh
                                    Counsel for Respondent(s)                      :

                                    Court No. - 5
                                                         HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the respondents.

                                    3. The solitary relief claimed in the present writ petition for a direction to the
                                    Civil Judge (Senior Division), Azamgarh to decide the Application No.27
                                    Ga 2 for recalling the ex-parte order dated 04.04.2023, filed in case no.246
                                    of 2022 (Banshraji Vs. Hariram and others).

                                    4. Learned counsel prayed that the said suit may be decided, expeditiously.

                                    5. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    6. In view of the above, this writ petition stands disposed of with a direction
                                    to the Civil Judge (Senior Division), Azamgarh to decide the Application
                                    No.27 Ga 2 for recalling the ex-parte order dated 04.04.2023, filed in case
                                    no.246 of 2022 (Banshraji Vs. Hariram and others), in accordance with law,
                                    within a period of eight months, after ensuring service of notice upon all the
                                    respondents and providing opportunity of hearing to all the concerned parties
                                    as well as giving a reasonable opportunity, provided there is no other legal
                                    impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.