SITA RAM v. VITH ADDITIONAL DISTRICT JUDGE FAIZABAD AND OTHERS
WRIC/1001576/2001 · 2025-11-27
Irshad Ali
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 177875 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177875 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1001576 of 2001 Court No. - 4 HON'BLE IRSHAD ALI, J.
1. Heard learned counsel for the parties.
2. By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing the entire proceeding of regular suite nos.581/94, 358/95 and 422/97 filed by the opposite party nos.3 and 4 pending in the court of opposite party no.2 including the plaints of the suit dated 10.10.94, 4.7.95 and 30.5.97 (Annexure nos.2,3 and 4 of the writ petition) as well as the judgment and order dated 26.3.2001 passed by the opposite party no.1 in Civil Appeal No.153/99 and 152/99 respectively (Annexure Nos.14 and 15 of the writ petition).
3. The writ petition filed against the proceedings initiated under a regular suit is not maintainable in view of the law laid down in the case of Radhey Shyam v. Chabinath reported in (2015) 5 SCC 423.
4. In view of the above, this writ petition is dismissed with liberty to the petitioner to approach an appropriate Forum under Article 227 of the Constitution of India.
5. Office is directed to return certified copy of the annexures to learned counsel for the petitioner. November 27, 2025 GK Sinha Versus Counsel for Petitioner(s) : Rakesh Kumar Srivastava, C.L. Yadav Counsel for Respondent(s) : C.S.C., Pramod Kumar Pandey, Udai Bhan Pandey (Irshad Ali,J.) Sita Ram .....Petitioner(s) Vith Additional District Judge Faizabad And Others .....Respondent(s) Digitally signed by :- GAUTAM KUMAR SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAUTAM KUMAR SINHA High Court of Judicature at Allahabad, Lucknow Bench