Sri Thakur Ji Laxmi Narayan Mandir v. Collector, Kanpur Nagar and 4 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9240 of 2023 Petitioner :- Sri Thakur Ji Laxmi Narayan Mandir Respondent :- Collector, Kanpur Nagar And 4 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Jayant Banerji,J. It appears that the plaintiff's suit was decreed ex-parte whereafter an application under Order IX Rule 13 CPC was filed by the defendants after a period of four years seeking setting aside of the ex-parte decree. By the impugned order dated 04.08.2023 passed in Misc. Case No.76/74/2016 (Chhatrapal vs. Thakur Ji Laxmi Narayan & Ors.), the Civil Judge (Senior Division), Kanpur Dehat has allowed the application. Learned counsel for the petitioner states that without taking into account the delay in filing the application under Order IX Rule 13 CPC, the impugned order has been passed. A preliminary objection has been raised by the learned Standing Counsel that the order impugned would be revisable. When confronted, Shri Rajan Tripati, learned counsel for the petitioner seeks leave of the Court to withdraw this petition as the petitioner would pursue an alternative remedy that is available to him in accordance with law. This petition is, accordingly, dismissed as withdrawn. Order Date :- 18.10.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad