LUXMI NARAIN (DECEASED DIED ON 31.12.2024) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
A227/12058/2025 · 2025-10-05
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103164 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103164 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12058 of 2025
Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"1. Issue a writ, order or direction by commanding learned Judges Small Causes Court Agra to set aside the ex-parte order dated 24.10.2024 and decree dated 15.11.2024 Annexure No. 5 and 6 to the petition passed by the learned Court Judge Small Causes Court Agra.
2. Issue a writ, order or direction, commanding the respondent no.3 and 4 not to dispossess the petitioners from the shop Area about 12x7 feet which is part of Plot no. 24 situated in Kazi Para Chippi Tola, Near Bizili Ghar Road Rakab Ganj Agra, without paying the rest / remaining amount of Rs. 31, 57,000/According to the Agreement entered between both the parties (Annexure No.1), during the pendency of petition before the Hon'ble Court."
3. The suit filed by the plaintiff - respondents was ex parte decreed by judgment and decree dated 24.10.2024.
4. Against the judgment and decree, petitioner has a remedy of filing an application under Order 9 Rule 13 CPC to set aside the decree or he may file an appeal under Section 96 CPC against the decree.
5. In view of these facts, I am not inclined to interfere with the matter.
5. Accordingly, the writ petition stands disposed of with liberty to the petitioner to avail the remedy, as available to him, under the law. October 6, 2025 Rishabh Versus Counsel for Petitioner(s) : R.K. Singh. Rajput Counsel for Respondent(s) : C.S.C. (Manish Kumar Nigam,J.) Luxmi Narain (Deceased Died On 31.12.2024) And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad