In a writ petition under Article 227, the High Court refused to interfere with the trial court's admission of a revision against an order allowing substitution based on a Will. The petition was consigned to records as no immediate interference was warranted.
Petition consigned to records; no interference at this stage.
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Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 249 of 2023
Petitioner :- Vaishali Bhati Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Nandini Mishra,Ashish Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard Ms. Nandini Mishra, learned counsel for the petitioner and Sri Shiv Prakash Gupta, learned Advocate who has put in appearance by filing Vakalatnama on behalf of the contesting respondent.
Petitioner is aggrieved against the order, whereby, the revision has been admitted against an order passed by the trial court allowing substitution application of the plaintiff no. 1 on the basis of some Will.
The Court is of the considered view that while petitioner may have any grievance against the admission of the revision but admission of revision as such cannot cause any prejudice to the petitioner. Under the circumstances what the petitioner should do is to contest the revision on merits. No interference is required at this stage as I do not find the order passed by the District Judge to be a flawed one that may warrant any exercise of power under Article 227 of the Constitution. However, it is observed that the petitioner would appear before the court below within two weeks from today and the endeavour of the court should be to decide the revision within the next three months' time.
Subject to what has been observed above, this petition is consigned to records .
Order Date :- 30.1.2023 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
1 provisions across 1 enactments
Vaishali Bhati
State Of U P
2 Others
Irfan Uddin Siddiki
As recorded by the court registry
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