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2025 DAILYLAW 131987 (ALL)

GIRJA DEVI v. ANIL KUMAR MAURYA AND 3 OTHERS

WRIC/3294/2025 · 2025-04-09

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19946-DB Court No. - 2 Case :- WRIT - C No. - 3294 of 2025 Petitioner :- Girja Devi Respondent :- Anil Kumar Maurya And 3 Others Counsel for Petitioner :- Laxmi Kant Pathak,Jyotindra Prakash Pathak Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. By means of this petition, the petitioner has sought following reliefs: "(a) A writ, order or direction in the nature of mandamus, granting liberty to the petitioner to avail appropriate remedy of filing Regular Appeal along with application U/S 5 read with section 14 of the Limitation Act, 1963 against the Order dated 15.09.2010; dismissing the suit under Order 7 Rule 11(b)(c) C.P.C. (b) A Writ, order or direction in the nature of mandamus commanding the court concerned to not to dismiss the Appeal preferred so on the ground of limitation and the same may be heard on merits, as the cause of action still survives. (c) A writ order or direction, which this Hon'ble Court may deem just fit and proper in the circumstances of this case and in favour of the petitioner may also be passed along with cost." 3. The writ petition is absolutely misconceived. There are procedures prescribed under the Code of Civil Procedure, 1908 which have to be followed. The law of limitation is prescribed in the Limitation Act, 1963. No such writ petition is maintainable for the reliefs prayed. 4. The writ petition is dismissed. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 9.4.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench