RINKI KUMARI GUPTA AND 2 OTHERS v. RAKESH KUMAR JAISWAL AND 7 OTHERS
A227/2402/2025 · 2025-03-11
Rohit Ranjan Agarwal
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 20839 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20839 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36573 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2402 of 2025 Petitioner :- Rinki Kumari Gupta And 2 Others Respondent :- Rakesh Kumar Jaiswal And 7 Others Counsel for Petitioner :- Tarun Tiwari Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiffs' petition. In a suit instituted by plaintiffs being Suit No.496 of 2013, a counterclaim was filed by respondent no.2. The suit filed by the plaintiffs was dismissed by judgment dated 30.09.2024, and the counterclaim filed by the defendants was allowed and the valuation of the property was held to be Rs.62,25,000/-. Against the judgment of the trial Court, some of the defendants had preferred First Appeal No.24 of 2025 before this Court, in which, an interim order has been granted on 31.01.2025. However, the petitioner had filed civil appeal before the Additional District Judge, Court No.4, Varanasi. The said appeal has been dismissed at the admission stage itself without registering it on 11.12.2024 on the ground that the counterclaim of the defendants has been
decreed and no appeal would lie before Court below as the valuation of the suit is above twenty lakhs and the first appeal would lie before the High Court. I have heard counsel for the parties and perused the material on record. From perusal of record, I find that there is no infirmity in the order impugned as the counterclaim of the defendants has been allowed
and some of the defendants have already filed First Appeal No.24 of 2025 before this Court which is pending consideration. The appeal preferred by the petitioner has been dismissed on the admission stage itself. In view of the said facts, no interference is required in the order impugned dated 11.12.2024 passed by Special Judge (Anti Corruption Act)/Additional District Judge, Court No.4, Varanasi. Accordingly, writ petition stands dismissed, leaving it open to the petitioners to avail the remedy as provided under the law. Sri Ashish Kumar Gupta, learned counsel has appeared for respondent no.1.
Order Date :- 12.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad