Dismissed

Saiyad Ali Ahamar and Another v. Raident Academic Improvement Society, Hardoi and Another

Allahabad HC12 Sept 2024WRIC/7882/2024

Case brief

AI extract

What is this about?

Petition challenging an interim order entertaining a revision and summoning records was dismissed as interlocutory. Court allowed petitioners to contest the revision without prejudice to raising maintainability objections.

What did the court decide?

Petition dismissed; liberty to contest revision and raise maintainability objections granted.

Saiyad Ali Ahamar and Another vs Raident… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:63078

¶2

Court No. - 8

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Case :- WRIT - C No. - 7882 of 2024

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Petitioner :- Saiyad Ali Ahamar And Another Respondent :- Raident Academic Improvement Society, Hardoi And Another Counsel for Petitioner :- Shresth Agarwal,Pooja Singh,Ram Khelawan Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners. Notice on behalf of the respondent No.2 has been accepted by the office of Chief Standing Counsel.

¶8

Under challenge is the order dated 12.06.2024 whereby the respondent No.2 has merely entertained the revision preferred by the private-respondent No.1 and by the said order, the record of the trial Court has been summoned and in the interim period the parties have been directed to maintain the status-quo.

¶9

The submission of the learned counsel for the petitioners is that they had filed a preliminary objection regarding maintainability of the revision, however, no finding in that context was given by the Court concerned while passing of the impugned order dated 12.06.2024. Since, these proceedings are summary in nature and the name of the petitioners was recorded on the basis of gift-deed made in favour of the trust, hence, the order impugned is bad in the eyes of law.

¶10

Having considered the aforesaid submissions and noticing the fact that the order dated 12.06.2024 is only an interlocutory in nature inasmuch as the revision has been entertained for hearing and the records have been summoned and till then the parties have been directed to maintain status-quo does not appear any accentuating circumstances which may persuade this Court to entertain the instant petition at this stage. Accordingly, the petition is dismissed leaving it open for the petitioners to contest the revision and raise objections as may be available in law. Needless to say that the revisional Court shall pass a reasoned and a speaking order while disposing of the revision but after affording full opportunity of hearing to the parties.

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With the aforesaid liberty, the petition is dismissed .

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Order Date :- 12.9.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Saiyad Ali Ahamar and Another v. Raident Academic Improvement Society, Hardoi and Another

Case brief

What is this about?

What did the court decide?

Saiyad Ali Ahamar and Another v. Raident Academic Improvement Society, Hardoi and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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