Pramod Kumar and 2 Others v. Anil Kumar

Court No. - 4 Case :- S.C.C. REVISION No. - 134 of 2023 Revisionist :- Pramod Kumar And 2 Others Opposite Party :- Anil Kumar Counsel for Revisionist :- Sumit Daga Counsel for Opposite Party :- Ram Sanehi Yadav Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The present SCC Revision has been filed by the revisionists with the prayer to set-aside the judgment and order dated 1.9.2023 passed by Additional District Judge, Court No. 2 Hathras in SCC Suit No.2 of 2022 (Pramod Kumar and others Vs. Anil Kumar).

¶3It is argued by Sri Sumit Daga, learned counsel for the revisionists that the order dated 1.9.2023 passed by Additional District Judge, Court No. 2 Hathras in SCC Suit No.2 of 2022 (Pramod Kumar and others Vs. Anil Kumar) is against the law laid down by this Court in case of Ratan Lal Jaiswal vs. Smt. Sunita Devi reported in 2023 (11) ADJ 389.

¶4In response to the above, no adverse material has been brought on record by the counsel for the opposite party.

¶5Considering the facts and circumstances of the case and in view of the law laid down by this Court in case of Ratan Lal Jaiswal (supra), the order dated 1.9.2023 which is under challenged is liable to be set-aside and hereby set-aside.

¶6Accordingly, the present SCC Revision is allowed. No order as to cost. Order Date :- 30.11.2023 S.K. High Court of Judicature at Allahabad