Disposed¶14

Sushil Kumar Malviya and 8 Others v. Sharda Prasad and 6 Others

Allahabad HC18 Mar 2026A227/3458/2026

Case brief

AI extract

What is this about?

Allahabad High Court, Matters Under Article 227 No. 3458 of 2026, Sushil Kumar Malviya & 8 Others v. Sharda Prasad & 6 Others, decided March 19, 2026 by Manish Kumar Nigam, J. Petition against dismissal of application under Order XLI Rule 19 CPC (restoration of appeal); not entertained due to alternative appealable remedy under Order XLIII Rule 1(t) CPC; disposed of with liberty; certified copies to be returned.

What did the court decide?

Petition disposed of with liberty to the petitioners to avail the remedy available to them under law; Office directed to return certified copies of documents annexed with the petition to learned counsel for the petitioners after retaining photocopy on record. ¶14

Sushil Kumar Malviya and 8 Others Vs Sharda… — Writ and Judicial Review | Allahabad HC (2026)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

MATTERS UNDER ARTICLE 227 No. - 3458 of 2026

¶3

Sushil Kumar Malviya And 8 Others

¶4

.....Petitioner(s)

¶5

Versus

¶6

Sharda Prasad And 6 Others	.....Respo
Counsel for Petitioner(s)	: Sabhajeet Yadav
Counsel for Respondent(s)	:

¶7

.....Respondent(s)

¶8

Court No. - 5

¶9

HON'BLE MANISH KUMAR NIGAM, J.

¶10

Vakalatnama filed by Sri V.K. Shukla and Sri V.K. Baranwal, learned counsel appearing for respondent No. 1, is taken on record.

¶11

This petition has been filed challenging an order dismissing the application filed by the petitioners under Order XLI Rule 19 of C.P.C.

¶12

A preliminary objection has been raised by counsel for the respondent that order is appealable under Order XLIII Rule 1(t) of C.P.C.

¶13

In view of availability of alternative remedy, I am not inclined to interfere in the matter.

¶14

The petition is disposed of with liberty to the petitioners to avail the remedy as available to them under law.

¶15

Office is directed to return the certified copies of the documents annexed with the petition to learned counsel for the petitioners after retaining photocopy of the same on record.

¶16

(Manish Kumar Nigam,J.)

¶17

March 19, 2026

¶18

Nitika Sri.

¶19

Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad

Sushil Kumar Malviya and 8 Others v. Sharda Prasad and 6 Others

Case brief

What is this about?

What did the court decide?

Sushil Kumar Malviya and 8 Others v. Sharda Prasad and 6 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Hadisunnisha Vs Degree College Association and 6 Others

Mohd. Yakub and Others Vs Board of Revenue and Others

Sri. Amar Sahu and Another Vs Presiding Officer, Motor Accident Claim Tribunal and 3 Others

Parvej Alam Vs Smt. Mahe Aasmin

Anil Kumar Vs Mahendra Prasad and 4 Others

Bandana @ Bandana Chauhan and Another Vs Phoolchandra and 2 Others