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2025 DAILYLAW 170735 (ALL)

ATUL KOCHAR AND ANOTHER v. VIKRAM KAKKAR AND 2 OTHERS

A227/6473/2024 · 2025-01-03

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:338 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 6473 of 2024 Petitioner :- Atul Kochar And Another Respondent :- Vikram Kakkar And 2 Others Counsel for Petitioner :- Suneel Kumar Khare Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with. 2. Petition has been filed under Article 227 of the Constitution of India challenging order dated 19.11.2024 passed under Act No.16 of 2021 rejecting the Suit for ejectment instituted by petitioners against opposite party no.1 which was registered as Case No.4205 of 2023. 3. It has been submitted that the property in question is situate at Plot No.133/221, Ganeshganj, Aminabad Road, Lucknow and aforesaid Suit had been instituted by petitioners which has been rejected by impugned order. 4. It is admitted by learned counsel for petitioners that against the impugned order, provision for Appeal is prescribed under the Statute. He however submits that during pendency of this petition, limitation period of thirty days has already expired. 5. However, in view of fact that adequate and equally efficacious remedy is available to petitioners for filing Appeal, this Court does not find any occasion to entertain this petition. 6. In view of aforesaid, the aspect of applicability of Section 14 of Limitation Act will be open for petitioners to take recourse to. 7. With aforesaid directions, the petition is finally disposed of. 8. Office is directed to return certified copies of impugned orders expeditiously. Order Date :- 3.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench