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2025 DAILYLAW 146483 (ALL)

SMT. ACHLA VIJAY v. LEARNED CIVIL JUDGE (S.D.) F.T.C. LKO. AND ANOTHER

A227/3840/2025 · 2025-07-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37750 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3840 of 2025 Petitioner :- Smt. Achla Vijay Respondent :- Learned Civil Judge (S.D.) F.T.C. Lko. And Another Counsel for Petitioner :- Lovelesh Awasthi,Kulbhushan Singh Sikarwar,Sri Pati Tripathi Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed seeking to challenge the order dated 09.08.2023 passed by the executing court in Execution Case No.43 of 2017. 3. The submission of learned counsel for the petitioner is that a decree came to be passed in Suit No.835 of 2012, which was an ex parte decree without any information to the petitioner and the said decree was also put into execution. It is claimed that the petitioner came to know about the said ex parte decree only sometime in the year 2025. 4. It is admitted that no steps have been taken either recall of the ex parte decree or challenging the same through an appeal. In the absence of any challenge to the ex parte decree, the prayer as sought cannot be granted. 5. The petition is, accordingly, dismissed. Order Date :- 4.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench