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2025 DAILYLAW 121057 (ALL)

ATHER ALI KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOUSING AND URBAN PLANNING,LKO. AND 6 OTHERS

WRIC/1158/2025 · 2025-02-10

Pankaj Bhatia

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:8363 Court No. - 7 Case :- WRIT - C No. - 1158 of 2025 Petitioner :- Ather Ali Khan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning,Lko. And 6 Others Counsel for Petitioner :- Kamal Kant Singh,Harshit Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. Present petition has been filed challenging an order dated 27.09.2024 whereby the application filed under Order 41 Rule 27 of CPC was rejected. 3. The application under Order 41 Rule 27 of CPC was moved by the petitioner at the appellate stage saying that the documents were submitted in Original Suit No.46 of 1983 and the certified copies were taken therefrom and were filed. 4. The appellate Court recorded that the appeal was filed on 13.09.2017 and the application under Order 41 Rule 27 of CPC was given on 17.08.2022. The Court also recorded that the fact with regard to filing of Original Suit No.46 of 1983 was duly stated in the plaint and an application for summoning the records of Original Suit No.46 of 1983 were also rejected by the Courts concerned. The appellate Court was of the view that the documents have been filed after extreme delay and without explaining as to why the said documents could not be filed at the time of the suit. 5. I do not see any reason to interfere with the said order. The petitioner would be at liberty to challenge all the orders when the appeal is finally decided including the order passed under Order 41 Rule 27 of CPC. 6. Present petition is dismissed in above terms. Order Date :- 10.2.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench