Vishnu Swaroop Srivastava and Others v. Additional District Judge Hardoi and 12 Others

Court No. - 8 Case :- WRIT - C No. - 1000098 of 2007 Petitioner :- Vishnu Swaroop Srivastava And Others Respondent :- Additional District Judge Hardoi And 12 Others Counsel for Petitioner :- Ashok Kumar Srivastava,Ashok Kumar Srivastava Counsel for Respondent :- C.S.C.,Amit Srivastava,R.R.Srivastava,Vivek Kumar Rai,Vivek Kumar Srivastava AND Case :- WRIT - C No. - 1005857 of 2006 Petitioner :- Arvind Swaroop Srivastava Respondent :- Court Of Additional District Judge Hardoi And 18 Others Counsel for Petitioner :- Jaspreet Singh Counsel for Respondent :- C.S.C.,A.K.Srivastava,Amit Srivastava,G.S.Srivastava,Vivek Srivastava Hon'ble Pankaj Bhatia,J.

¶1Both the writ petitions are arise out of the similar proceedings, as such, the same are decided by this common order.

¶2The counsel for the petitioner has sent an illness slip, however, considering the fact that the matter is of the year 2007, I do not propose to adjourn the matter.

¶3The present petition has been filed against an order whereby an application filed by the petitioner seeking recall of an ex-parte preliminary decree was rejected and subsequently, the appeal preferred against the same was also dismissed.

¶4While dismissing the appeal, the court has rightly observed that there was no dispute with regard to apportionment of shares in the preliminary decree, as such, no good ground for recall existed and the petitioners who are the shareholders would have a right to participate before the final decree is drawn.

¶5In view of the said finding, no interference is called for.

¶6The writ petition lacks merit and is dismissed.

¶7The other petition Writ C No. 1005857 of 2006 (Arvind Swaroop Srivastava Vs. Court Of Additional District Judge Hardoi And 18 Others) arising out of the similar proceedings is also dismissed. Order Date :- 17.10.2023 VNP/- High Court of Judicature at Allahabad, Lucknow Bench