CHANDRIKA PRASAD PANDEY Vs. KRISHNA PRASAD

JUDGEMENT

(1.) Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with. Petition has been filed under Article 227 of the Constitution of India assailing order dtd. 17/12/2022 whereby Civil Revision No.40 of 2022 has been dismissed in default of appearance. Further prayer challenging order dtd. 19/8/2019 passed in Regular Suit No.479 of 1998 has also been made. Learned counsel for petitioner submits that predecessor in interest of opposite parties had filed suit for cancellation of Will which was registered as Regular Suit No.479 of 1998 in which impugned order dtd. 19/8/2019 has been passed against which aforesaid revision was filed and has been dismissed in default of appearance.

(2.) In view of submissions advanced, it appears that against order impugned in present writ petition dtd. 19/8/2019 in Suit proceedings, Civil Revision No.40 of 2022 has already been filed and therefore there is no occasion for this Court at this stage to interfere in order dtd. 19/8/2019. So far as order dtd. 17/12/2022 passed in Civil Revision is concerned, learned counsel for petitioner seeks liberty to file appropriate application seeking recall/restoration.

(3.) In view of aforesaid, the petition is disposed of granting liberty to petitioners to file application seeking recall of order dtd. 17/12/2022 and for restoration of Civil Revision No.40 of 2022. In case such an application is filed, the Additional District and Sessions Judge, Court No.3, Gonda may decide the same expeditiously after affording opportunity of hearing to all parties, expeditiously, preferably within a period of eight weeks from the date application is filed, in case there is no other legal impediment.