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2025 DAILYLAW 122866 (ALL)

JAGDISH PRASAD AGRAWAL v. ADDL. DISTRICT JUDGE/F.T.C.-FIRST, GONDA AND 3 OTHERS

A227/681/2025 · 2025-02-12

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9000 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 681 of 2025 Petitioner :- Jagdish Prasad Agrawal Respondent :- Addl. District Judge/F.T.C.-First, Gonda And 3 Others Counsel for Petitioner :- Karunakar Srivastava,Shiv Sinha Counsel for Respondent :- Brajendra Amiy Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as Sri Brajendra Amiy, learned Counsel for the respondent-Bank. 2.The present petition has been filed challenging an order of admission of an appeal. The issue with regard to condonation of delay has already attained finality. 3. The submission of the Counsel for the petitioner is that the directions for furnishing sureties as prescribed under Oder 41 Rule 1 (3) of C.P.C. has not been given. 4. Considering the fact that an appeal lies and the appeal has been admitted and no order has been passed on stay application, there is no reason for the petitioner to challenge the said order. 5. The petitioner can file execution application as prima facie there is no stay in favour of the Bank in terms of Order 41 Rule 5 of C.P.C. 6. The writ petition is dismissed. Order Date :- 12.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench