High Court dismissed Article 227 petition under Order 43(1) (r) as not pressed, granting liberty to file appeal in underlying civil suit.
Liberty to file appeal under Order 43(1) (r) CPC granted.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3908 of 2021
Petitioner :- Smt Radha Chaurasiya And 7 Others Respondent :- Kartikey Yadav Counsel for Petitioner :- Gulab Chandra,Rupesh Kumar Singh Counsel for Respondent :- Ram Chandra Solanki
Hon'ble Prakash Padia,J.
Heard Sri Rupesh Kumar Singh, learned counsel for the petitioner and Sri Alok Tiwari, learned counsel for the plaintiffrespondent.
The petitioner has preferred present petition under Article 227 of the Constitution of India with the prayer to set aside the order dated 5.7.2021 passed by trial court/Civil Judge (S.D.), Etawah on 6-C application under Section 39 Rule 1 and 2 CPC in Civil Suit No.125 of 2021 (Kartikey Yadav Vs. Smt Radha Chaurasiya and others).
A preliminary objection has been raised by Sri Alok Tiwari, learned counsel for the plaintiff-respondent that the petition is not maintainable since statutory alternative remedy is available to the petitioner as provided under Order 43 (1) (r).
At this point of time, a prayer has been made by counsel for the petitioner to dismiss present petition with liberty to file an appeal as provided under Order 43(1) (r).
Accordingly, present petition is dismissed as not pressed with the aforesaid liberty.
Office is directed to return certified copy of the order to the learned counsel for the petitioner after keeping photo-copy of the same.
Order Date :- 13.8.2021 saqlain
Smt Radha Chaurasiya And 7 Others
Kartikey Yadav
Prakash Padia
Sri Alok Tiwari
As recorded by the court registry
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