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2025 DAILYLAW 128190 (ALL)

SHEO HARAKH v. RAMA SHANKER AND 20 OTHERS

A227/1328/2025 · 2025-03-20

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16118 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1328 of 2025 Petitioner :- Sheo Harakh Respondent :- Rama Shanker And 20 Others Counsel for Petitioner :- Jayshanker Shukla,Naveen Shukla Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner. 2. The present petition has been filed challenging the order passed on the amendment application on 16.01.2004 filed by the plaintiff at the time of hearing of the appeal. 3. Initially the petitioner approached this Court by filing Writ-C No.1000903 of 2024, which was came to be dismissed vide order dated 27.02.2025 on the ground that the said order can be challenged under Article 227 of the Constitution of India and not under Article 226. In terms of the said liberty, the present petition has been filed. 4. A perusal of the amendment as sought during the pendency of the appeal, reveals that after the dismissal of the suit filed by the plaintiff and during the pendency of the appeal, some constructions were raised and no additional relief with regard to those constructions, which are said to have been raised, was raised in the amendment application. 5. In any case, the suit was decided after holding that the plaintiff did not have any possession or property rights, as such, the decree could not be passed. The appellate court rejected the amendment application filed at the appellate stage on the ground that the petitioner wants to unnecessarily delay. 6. Considering the nature of the order passed coupled with the fact that the amendment was clearly after thought and filed after highly belated stage not even disclosing as to when the cause of action finally arose. No error found in the order impugned. 7. The petition lacks merit and is accordingly dismissed. 8. As the appeal is pending since 2001, the same shall be decided expeditiously preferably within a period of six months from the date of receipt of the order. It is made clear that no unnecessary adjournment shall be given to any of the parties. 9. The Senior Registrar of this Court is directed to send a copy of this order to the appellate court for compliance. Order Date :- 20.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench