Matters under Article 227 dismissed as the impugned order dating from the Additional Civil Judge was appealable, establishing evidence of an alternative remedy.
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Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2746 of 2019
Petitioner :- Waqf Haji Syed Meer Niyaz Ali Rizvi Respondent :- Smt. Angoori Devi And 4 Others Counsel for Petitioner :- Rishikesh Tripathi Counsel for Respondent :- Syed Farman Ahmad Naqvi,Syed Ahmed Faizan
Hon'ble Vivek Kumar Birla,J.
Heard Sri Rishikesh Tripathi, learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the impugned order dated 22.1.2019 passed by the Additional Civil Judge (S.D.), Agra in Misc. Case No. 21 of 2018 and to direct the court below to decide the application under Order XXI Rule 97 of CPC filed by the petitioner.
Admittedly, the order impugned herein is appealable . As such, I am not inclined to interfere in the impugned order.
Present petition is accordingly dismissed on the ground of alternative remedy.
The petitioner is at liberty to avail statutory remedy available to him under law.
Office is directed to return certified copy of the impugned order after retaining photocopy of the same.
Learned counsel for the petitioner undertakes to inform the learned counsel for the respondents about this order in writing.
No order as to costs.
Order Date :- 29.4.2019 Abhishek
Waqf Haji Syed Meer Niyaz Ali Rizvi
Smt. Angoori Devi
Vivek Kumar Birla
As recorded by the court registry
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