Dismissed

Ram Ujagir v. Joint Director of Consolidation Sultanpur and 14 Others

Allahabad HC2 Jul 2024CMRA/81/2024

Case brief

AI extract

What is this about?

Review of a 1985 writ judgment concerning adoption and a quashed consolidation order. The court corrected the year 1987 to 1985 as typographical, rejected contentions on consent to adoption and further arguments, holding review is not re-hearing.

What the court decided

AI extract

Ram Ujagir vs Joint Director of Consolidation Sultanpur… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49094

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Court No. - 19

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Case :- CIVIL MISC REVIEW APPLICATION No. - 81 of 2024

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Applicant :- Ram Ujagir Opposite Party :- Joint Director Of Consolidation Sultanpur And 14 Others Counsel for Applicant :- Anand Kumar Singh,Raj Mani Dubey

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Hon'ble Manish Kumar,J.

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Supplementary affidavit filed by leaned counsel for review applicant is taken on record.

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The present review petition has been preferred for review of the judgment and order dated 30.05.2024 passed in Writ-B No. 3587 of 1985 titled as Triloki Nath vs Joint Director of Consolidation, Sultanpur and others.

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Shri Anand Kumar Singh, learned counsel for review applicant, who was respondent no. 3 in the writ petition has submitted that earlier counsel representing respondent no. 3, had not argued the case fully and left relevant submissions to be argued, as the earlier counsel Shri Raj Mani Dubey is a standing counsel, hence the review petition has been preferred by him admitting that he had neither argued nor he was present at the time of hearing of the case.

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It is further submitted that the order is under review for the reason that there was no such order dated 25.05.1987 which has been quashed by this Court in its judgment dated 30.05.2024. The said submission of the learned counsel for review applicant is not accepted for the reason that due to typographical error, in the last part of the order, the year has wrongly been shown, whereas the correct date of the order is 25.05.1985 and not 25.05.1987, hence the same is to be and is hereby corrected as 1985 in place of 1987.

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The other submission of learned counsel for review applicant that the wife of Shri Nawal Kishore Pandey, who had adopted Ram Ujagir, till her death in the year 1979 had not raised any objection against the adoption and participated in the adoption proceedings. This aspect has already been elaborately dealt with and discussed in the judgment dated 30.05.2024 that she had participated in the rituals, but it could not be admitted as her consent as mere her presence cannot be termed as consent, in pursuance of the judgment of Hon'ble Supreme Court.

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Learned counsel for review applicant has further submitted that he has more points to be argued and he

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may cite certain case laws on the same after searching the same.

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The said contention of learned counsel for review applicant is not admitted as the review application is not an opportunity of re-hearing of the case.

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In view of the above, there is no apparent error on the face of record. The review petition is devoid of merit hence dismissed.

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Order Date :- 22.7.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Ujagir v. Joint Director of Consolidation Sultanpur and 14 Others

Case brief

What is this about?

What the court decided

Ram Ujagir v. Joint Director of Consolidation Sultanpur and 14 Others

Case brief

What is this about?

What the court decided

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