Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37744 Court No. - 7 Case :- CIVIL MISC REVIEW APPLICATION No. - 79 of 2025 Applicant :- Jai Prakash Singh Opposite Party :- Harishankar Kushwaha Counsel for Applicant :- Anurag Shukla,Kaustubh Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant and Shri Adnan Ahmad, learned counsel who had appeared for the petitioner in the judgment under review.
2. Present review application has been filed seeking review of the order dated 28.04.2025 passed in Writ Petition being Matters Under Article 227 No.1281 of 2024 whereby the petition was allowed.
3. Learned counsel for the applicant very fairly stated that against the said order, an SLP being Petition(s) for Special Leave to Appeal (c) No(s).14199 of 2025 was preferred which was dismissed, however, in view of the law as explained by the Supreme Court in the case of Kunhayammed and Ors. v. State of Kerala and Anr.; (2000) 6 SCC 359, present review application has been filed.
4. After arguing at some length, submission of learned counsel for the applicant is that while passing the order impugned this Court referred to the judgment of the Supreme Court in the case of Periyammal (Dead) through LRs and Ors. v. V. Rajamani and Anr. etc.; (2025) Legal Eagle SC 274. However, he draws my attention to the paragraphs of the said judgment to argue that error has occurred while delivering the judgment in question. It is further argued that a serious and triable issue was raised which could not have been adjudicated in exercise of powers under Art. 227 of the Constitution, and to that extent the
judgment requires to be reviewed. It is further argued that this Court itself had recorded in Para 3 of the judgment that objections under Section 47 of CPC were pending.
5. In the light of the said, it is argued that the judgment needs to be reviewed in exercise of powers conferred upon this Court under Order 47 Rule 1 of CPC read with Section 114 of CPC.
6. Learned counsel for the respondent/petitioner, on the other hand, argues that no error has been occasioned and the
judgment in the case of Periyammal (Dead) through LRs (supra), has rightly been applied to the facts of the case.
7. With regard to the other arguments, it is argued that no such
arguments were raised when the matter was finally argued.
8. Considering the submissions made at the Bar, it is clear that the judgment passed by this Court is founded on the law as explained in the case of Periyammal (Dead) through LRs (supra), thus, I do not see any reason to exercise my power of review as argued by the applicant.
9. Present review application is accordingly dismissed/rejected.
Order Date :- 4.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench