Arvind Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Revenue Lko and 6 Others
Case brief
What is this about?
Writ of mandamus sought to direct Civil Judge (SD), Court No. 20, Barabanki to dismiss Fresh Regular Suit No. 427 of 2025 as being on the same cause of action as earlier Suit No. 304 of 1996 (Gram Nyayalaya, Barabanki / Civil Judge JD, dismissed 22.04.2025) — relief held not maintainable; remedy is appropriate application before the Trial Court; petition dismissed as misconceived; reliance on Jacky vs. Tiny @ Antony (2014) 6 SCC 508 and K. Vadormath vs. Kumareson 2025 SCC OnLine SC 985; maintainability; same cause of action; Barabanki.
What did the court decide?
The relief claimed by the petitioners (a mandamus directing the trial court to dismiss the pending subsequent suit) is apparently not maintainable; the petitioners' recourse is to make an appropriate application before the Trial Court raising their grievances. ¶16