Dismissed¶¶9

Ram Raj Patel v. State of U.P. and Another

Allahabad HC27 Jan 2020A482/3559/2020

Case brief

AI extract

What is this about?

Section 482 application dismissed as withdrawn; challenge to execution order dated 19.12.2019 in Criminal Execution Case No. (11) 88/19 of 2017, Family Court, Kaushambi; underlying order dated 2.3.2016 in Case No. 306 of 2014 unchallenged and attained finality; maintainability objection by A.G.A.; no liberty required to challenge any order in accordance with law; certified copies ordered to be returned; single judge Neeraj Tiwari, J.; decided 27.1.2020.

What did the court decide?

None; the application was dismissed as withdrawn at the applicant's request, with the court observing that no liberty is required to challenge any order in accordance with law, and directing return of certified copies of the orders dated 2.3.2016 and 19.12.2019. ¶¶9

Ram Raj Patel Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶9

Issue for consideration

Whether the present application challenging the order dated 19.12.2019 passed in the execution proceeding is maintainable, given that the original order dated 2.3.2016 in Case No. 306 of 2014 has not been challenged and has attained finality. +1 more

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Ratio / Principle

In view of the A.G.A.'s objection and the applicant's request, the application is dismissed as withdrawn.

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Key takeaways

It is always open for the applicant to challenge any order in accordance with law, for which no liberty is required.obiter¶¶10
Office is directed to return the certified copies of the orders dated 2.3.2016 and 19.12.2019 to the learned counsel for the applicant after keeping photostat copies of the same on record.obiter¶¶11

Detailed headnote1 paragraphs

Application U/S 482 No. 3559 of 2020 (Ram Raj Patel v. State of U.P. and Another): The applicant challenged the order dated 19.12.2019 passed by the Principal Judge, Family Court, Kaushambi in Criminal Execution Case No. (11) 88/19 of 2017, an execution proceeding arising from the order dated 2.3.2016 in Case No. 306 of 2014. The learned A.G.A. pointed out that the original order dated 2.3.2016 had not been challenged in any court of law and had attained finality, rendering the present application against the execution order not maintainable. Learned counsel for the applicant thereupon sought to withdraw the application with liberty to challenge the order dated 2.3.2016. Hon'ble Neeraj Tiwari, J. dismissed the application as withdrawn, observing that it is always open to the applicant to challenge any order in accordance with law, for which no liberty is required, and directed the office to return the certified copies of both orders after keeping photostat copies on record. Order dated 27.1.2020.

Ram Raj Patel v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Raj Patel v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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