Smt.Shakuntala and 2 Others v. Sanjay Agarwal and 2 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 8949 of 2023 Petitioner :- Smt.Shakuntala And 2 Others Respondent :- Sanjay Agarwal And 2 Others Counsel for Petitioner :- Krishna Kanhaiya Soni Counsel for Respondent :- Atul Kumar Singh Hon'ble Jayant Banerji,J.

¶1Heard Sri Aditya Singh, holding brief of Sri Krishna Kanhaiya Soni, learned counsel for the petitioners and Sri Mahesh Kumar Dubey, (AOR No. 0104/2012) holding brief of Sri Atul Kumar Singh, learned Advocate appearing for all the respondents.

¶2When this matter was listed on 11.12.2023, the following order was passed:- "1.Heard Shri Aditya Singh (AOR No.A/A 0139/2012) holding brief of Shri K.K. Soni, learned Advocate for the petitioners and Shri Mahesh Kumar Dubey (AOR No.0104/2012) holding brief of Shri Atul Kumar Singh, learned Advocate for all the respondents.

¶2This petition has been filed seeking setting aside the order dated

29.09.2022 and decree dated 07.10.2022 passed by the Additional Civil Judge (Junior Division), Court No.5, Moradabad as well as the order dated 27.07.2023 passed by Special Judge (E.C. Act)/Additional District and Sessions Judge, Court No.4, Moradabad.

¶3At the outset, a preliminary objection has been raised by the learned counsel for the respondents regarding maintainability of this petition on the ground that an application under Section 5 of the Limitation Act filed by the petitioners for preferring the first appeal against the decree dated

07.10.2022 has been dismissed and, therefore, no petition under Article 227 of the Constitution of India would lie. Learned counsel has relied upon a judgment of a coordinate Bench of this Court dated 30.03.2020 passed in the matter of Smt. Rama Devi & Anr. vs. Additional District & Sessions Judge, Room No.3, Faizabad and Anr. in Misc. Single No.31997 of 2019.

¶4At this stage, learned counsel for the petitioners seeks an adjournment to enable him to look into the judgment and make his submissions.

¶5As prayed, the case is passed over."

¶3Learned counsel for the petitioners states that in view of the judgment of this Court in Smt. Rama Devi (supra), the petitioners would pursue their alternative and appropriate remedy before the court concerned and, therefore, he seeks leave of the Court to withdraw this petition.

¶4This petition is, accordingly, dismissed as withdrawn. Order Date :- 16.12.2023 sfa/ (Jayant Banerji, J) High Court of Judicature at Allahabad