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2025 DAILYLAW 165268 (ALL)

RIYAZ AHMAD AND ANOTHER v. NAYAK BUILDERS (INDIA) LTD. THRU. DIRECTOR AUTHORIZED SIGNATORY SURENDRA PRASAD SHUKLA AND ANOTHER

A227/5705/2025 · 2025-09-22

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5705 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. By means of the instant petition, the petitioner seeks direction for the trial court to decide issue no.1. Having considered the aforesaid and from a perusal of the material on record, it appears that earlier issue no.8 came to be decided by impugned order dated 23.07.2019, against which the revision was preferred. The revision came to be allowed on 15.10.2024, thereafter, the matter was remanded to the trial court for deciding the said issue again in light of the observations made by the revisional court. From a perusal of the extracts of the order sheet, it does not indicate that there are any accentuating circumstances specially where the petitioner has also not moved an application before the court concerned. Accordingly, this Court is not inclined to entertain the petition at this stage. The petition is dismissed leaving it open for the petitioner to move an application before the court concerned. Needless to say that the court concerned shall consider and disposed of the same in accordance with law. Versus Counsel for Petitioner(s) : Himanshu Hemant Gupta Counsel for Respondent(s) : Riyaz Ahmad And Another .....Petitioner(s) Nayak Builders (India) Ltd. Thru. Director Authorized Signatory Surendra Prasad Shukla And Another .....Respondent(s) It is made clear that mere dismissal of the petition may not come in the way of the petitioner, in case, if any cause for expedition arises in future. The petition is dismissed with the said liberty. September 22, 2025 Harshita A227 No. 5705 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench