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2025 DAILYLAW 18918 (ALL)

HAR PAL v. SMT. VIMLA DEVI AND 22 OTHERS

A227/1783/2025 · 2025-04-07

Rohit Ranjan Agarwal

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50510 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1783 of 2025 Petitioner :- Har Pal Respondent :- Smt. Vimla Devi And 22 Others Counsel for Petitioner :- Ashish Goyal Hon'ble Rohit Ranjan Agarwal,J. 1. This is the defendant's petition. This writ petition has been filed assailing the order dated 17.12.2024 passed by the Civil Judge (Junior Division), Badaun in Original Suit No. 266 of 1994 (599/2023). 2. The facts, in nutshell, are that plaintiff respondent had instituted a civil suit. Against the order of framing of issues a writ petition being Writ-C No. 16209 of 2012 was filed in which an interim order was passed by coordinate Bench of this Court on 03.04.2012. During pendency of writ petition, the trial court on 01.02.2021 passed an order directing that the suit may proceed in view of decision rendered by Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation, 2018 (16) SCC 299. The plaintiff respondents had moved application 463C alongwith an affidavit for recalling the order dated 01.02.2021 on the ground that the order passed in Asian Resurfacing (Supra) has been recalled by Constitutional Bench of Apex Court in case of High Court Bar Association Vs. State of U.P. (Criminal Appeal No.3589 of 2023), on 29.02.2024. In the said application, defendant petitioner had moved his objection, which has been rejected by the order impugned. 3. I have heard learned counsel for petitioner and perused the material on record. 4. From the judgment itself it is clear that the objection of petitioner was rejected in view of decision of Constitutional Bench of Apex Court rendered in case of High Court Bar Association (Supra). The court below had rightly recalled the order dated 01.02.2021 and rejected the objection filed on behalf of petitioner and had held that the order dated 03.04.2012 passed by this Court is still continuing and, as such, the suit would not proceed. 5. In view of the said fact, no interference is required with the order impugned by this Court. Writ petition is misconceived and same is hereby dismissed. Order Date :- 8.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad