Allahabad High Court
HARIRAMversusBANSHRAJI DEVI AND 9 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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
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