Single Judge dismissed a writ petition under Article 227 seeking to set aside a rejection of an application filed under Order VII Rule 11 CPC, citing the availability of a statutory remedy.
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Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1615 of 2019
Petitioner :- Wajahat Ali Khan Respondent :- Shafik Ali Khan And Another Counsel for Petitioner :- Mohammad Khalid
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present writ petition has been filed seeking setting aside the impugned judgment and order dated 5.4.2018 passed by the Civil Judge, Senior Division, Kasganj by which the Civil Judge has rejected the application of the petitioner under Order VII Rule 11 CPC filed in Original Suit No. 40 of 2016, Safik Ali Khan Vs. Wajahat Ali Khan and another.
Admittedly the petitioner has a statutory remedy against the order impugned herein, therefore, I am not inclined to entertain the present writ petition.
This writ petition is, accordingly, dismissed on the ground of availability of statutory remedy. No costs.
Order Date :- 25.4.2019 p.s.
Wajahat Ali Khan
Shafik Ali Khan
Vivek Kumar Birla
As recorded by the court registry
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