Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1004695 of 2008 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. Under challenge is the order dated 05.05.2008 passed by the Additional Civil Judge/ (Junior Division) Court no.21, Barabanki rejecting the application of the petitioner and the said order has been affirmed by the revisional court holding that the order impugned passed by the trial court was interlocutory in nature. Against the said order, the instant petition has been filed. The record indicates that there is no interim order. The record further indicates that a counter affidavit was filed by the private respondent on 24.04.2025 and along with a certified copy of an exparte judgement and decree dated 18.01.2013 has been placed on record. Considering the aforesaid fact which is not disputed is that the suit bearing R.S no.660 of 2003 came to be decreed exparte on 18.01.2013. It is also not disputed that the said exparte judgment has yet not been set aside and still continues to subsist though it is stated by the counsel for the petitioner that an application for restoration is pending. Be that as it may, once the suit stands decreed and the petitioner has already availed remedy, hence, as far as this petition is concerned, it cannot be entertained in view of the fact that the suit stands dismissed for the aforesaid reasons. The instant petition also looses its efficacy and is accordingly, dismissed. However, in case, if the suit is restored and any substance survives, it will Versus Counsel for Petitioner(s) : Nisha Srivastav, Surendra Kumar Counsel for Respondent(s) : C.S.C., Suresh Sharma Smt. Parmaa Devi .....Petitioner(s) District Judge Barabanki .....Respondent(s)
be open for the petitioner to take appropriate measure as may be permissible in law. November 11, 2025 Harshita WRIC No. 1004695 of 2008 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench