The court dismissed the writ petition as deflectable. It held that the petitioner had no exhausted the alternative remedy of filing a recall or restoration application before the Principal Judge, Family Court, Lucknow.
The writ petition is dismissed.
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Neutral Citation No. - 2024:AHC-LKO:45347
Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 2929 of 2024
Petitioner :- Abhishek Verma Respondent :- Mamta Verma Counsel for Petitioner :- Yash Bharadwaj
Hon'ble Manish Kumar,J.
The present writ petition has been preferred for quashing of the ex-parte order dated 31.05.2024 passed by the Principal Judge, Family Court, Lucknow, whereby the transfer application preferred by the petitioner has been dismissed for want of prosecution as the petitioner had not appeared on the date fixed.
The petitioner has approached this Court directly without filing any recall/restoration application before the Principal Judge, Family court, Lucknow.
Remedy is available to the petitioner to move a recall/restoration application for recall of the impugned order dated 31.05.2024 instead of filing the present writ petition under Article 227 of the Constitution of India.
In view of the above, the present writ petition is dismissed.
However, it is open for the petitioner to move a recall/restoration application before the court concerned.
Order Date :- 4.7.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a writ petition under Article 227 is maintainable when an alternative remedy of recalling an ex-parte order exists.
Abhishek Verma
Mamta Verma
Manish Kumar
As recorded by the court registry
3 orders share this CNR
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