Court No. - 28 Case :- MATTERS UNDER ARTICLE 227 No. - 418 of 2010 Petitioner :- Smt. Urmila And Others Respondent :- Shri Kamlesh Kumar And Others Petitioner Counsel :- A. Chaturvedi Hon'ble Sanjay Misra,J.
Heard Sri A. Chaturvedi, learned counsel for the petitioners.
The petitioners claim to be plaintiffs of the Suit No.609 of 2002
for cancellation of the sale deed obtained by the defendants.
Learned counsel states that on 22.03.2006 the suit was dismissed
under Order 9 Rule 8 C.P.C. to which he filed recall application
under Order 9 Rule 9 C.P.C. the very next day on 23.03.2006.
According to him the said application has not been decided
although more than 4 years have lapsed and further that notice of
the application has been issued on the defendants. Learned counsel
states that the suit was filed for cancellation of the sale deed and
due to its not being restored for such a long period the defendants
are attempting to evict the petitioners on the strength of the sale
deed.
In view of the submission made by learned counsel for the
petitioner there is no reason why the restoration application
registered as Misc. Case No.92 of 2006 be delayed, in case, notice
has been served on the defendants.
In view of the aforesaid circumstances, in case the petitioner
makes an application for early disposal of the restoration
application the Court should consider such application and pass
orders in accordance with law.
The writ petition stands disposed of.
No order is passed as to costs.
Order Date :- 10.8.2010
pks