Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:837 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 6174 of 2024 Petitioner :- Muinuddin And Ors. Respondent :- Aqeel Ahmad And Ors. Counsel for Petitioner :- Sajjad Husain Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioners, the learned Additional Chief Standing Counsel for the State as well as Sri Afzal Hasan the counsel for the private respondents.
2. The present petition has been filed with the following prayer (s) : (i). Issue a order set aside the order dated 16.08.2024 passed by the learned Court of Additional Sessions Judge Bahraich in appeal No.39 of 2012 (Mohammad Taki died) Vs. Jakia Begum (died) whereby learned Additional Session Judge Bahraich has dismissed the Misc Appeal filed under Order 43 Rule 1. Copy of the order dt.16.08.2024 passed by the Learned Court of Additional Sessions Judge Bahraich in appeal No.39 of 2012 is annexed herewith as Annexure No. 1 to this petition. (ii) Issue an order to set aside the order dt. 12.01.2012 passed by learned Civil Judge in Regular Suit No. 313 of 2004 (Mohammad Taki ("now died") Vs Aqeel Ahmad & Ors.) Copy of order dt. 12.01.2012 is annexed herewith as Annexure No. 2 to this petition. (iii). Issue an order to stay the order dt. 16.08.2024 passed by the Learned Court of Additional Sessions Judge Bahraich in appeal No.39 of 2012 as well as in the order dt. 12.01.2012 passed by learned Civil Judge in Regular Suit No.313 of 2004 (Mohammad Taki ("now died") Vs Aqeel Ahmad & Ors.)".
3. The contention of the counsel for the respondents is that an application for recall of the order has already been filed by the petitioner which has not been disclosed in the present case.
4. Considering the said submissions and taking on record the questionnaire, the present petition is disposed off with direction that in case any application has been filed for recall, the same shall be considered in accordance with law. Order Date :- 7.1.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench