Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 7931 of 2021

Petitioner :- Smt.Karunesh Kumari

Respondent :- Surendra Narayan Mishra

Counsel for Petitioner :- Ajay Kumar Tiwari

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Ajay Kumar Tiwari, learned counsel for the petitioner

and perused the record.

Present petition under Article 227 of the Constitution of India

has been filed by the petitioner with the prayer to direct the

Civil Judge (Junior Division) Etawah to decide the Misc. Case

No. 52 of 2015 (Surendra Narayan Mishra vs. Smt. Karunesh

Kumari & others) within stipulated period of time.

It is submitted by the learned counsel for petitioner that the

petitioner has filed recall application under Order 9 rule 13 read

with Section 151 C.P.C. for recalling the order dated

24.12.1994. It is submitted that the recall application dated

17/18.08.2015 was time barred, hence, application under

Section 5 of the Limitation Act has also been filed. The case

was registered as Misc. Case No. 52 of 2015. It is further

submitted that the Misc. Case No. 52 of 2015 (Surendra

Narayan Mishra vs. Smt. Karunesh Kumari) could not be

proceed and is pending for disposal s