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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36277 of 2025 Court No. - 6 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Kamlesh Kumar Tiwari, learned counsel for the petitioners and Ms. Deepmala Srivastava, learned Standing Counsel appearing for the State respondents. The present petition has been filed seeking to assail an order dated 9.8.2025, passed by the respondent no.2, the Commissioner, Jhansi Region, Jhansi, in Case No. 1335 of 2025 (Computerized Case No. C202506000001335), [Kallu @ Kalicharan Vs. Azad and and Others], under Section 207 of the U.P. Revenue Code, 2006, within a stipulated time period. The appeal was filed against an order dated 28.10.2022, passed in proceedings under Section 116, directing preparation of a preliminary decree. It has been pointed out that subsequently by means of an order dated 6.9.2024 the suit bearing Case No.01066 of 2017, under Section 116 of the U.P. Revenue Code, 2006, has been dismissed with an observation that proceedings under Section 30(2), may be invoked. Counsel for the petitioners has not been able to dispute that once the suit itself has been dismissed, the appeal filed against a preliminary order passed during the course of the proceedings, has been rendered ineffective. Versus Counsel for Petitioner(s) : Kamlesh Kumar Tiwari Counsel for Respondent(s) : C.S.C. Azad And Another .....Petitioner(s) State Of U.P. And 23 Others .....Respondent(s)
Counsel for the petitioners, at this stage submits that he does not wish to press the petition and that the petitioners would approach the respondent no.2, where the appeal is stated to be pending, and file an application bringing on record the facts relating to the dismissal of the suit filed under Section 116 and seek appropriate orders. The writ petition is disposed of. October 17, 2025 Arun K. Singh WRIC No. 36277 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad