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2025 DAILYLAW 109872 (ALL)

HAIDER ALI DECEASED AND 13 OTHERS v. SUDHRU (DECEASED) AND 7 OTHERS

SAPL/1070/2024 · 2025-04-20

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59431 Court No. - 37 Case :- SECOND APPEAL No. - 1070 of 2024 Appellant :- Haider Ali Deceased And 13 Others Respondent :- Sudhru (Deceased) And 7 Others Counsel for Appellant :- Anand Kumar Srivastava Counsel for Respondent :- Ram Mani Upadhyay Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the appellants and learned counsel for the contesting respondent no. 1/1, 1/2 and 1/3. 2. Instant appeal has been preferred assailing the judgment dated 13.09.2024 passed by the first appellate court whereby parties were relegated before the trial court. 3. In my opinion, remand order is not assailable in second appeal under Section 100 of C.P.C. However, same can be assailed under Order 43 Rule 1 (u) C.P.C. 4. As such, instant second appeal is dismissed as not maintainable with liberty to the appellants to resort to proper remedy available under the law, as advised. 5. Office is directed to return the certified copies of the judgments appended with the instant second appeal to learned counsel for the appellant, after retaining its photostat copy at relevant place. Order Date :- 21.4.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad