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2025 DAILYLAW 24604 (ALL)

SMT. SUMAN DEVI v. AHIWARAN AND 2 OTHERS

A227/2203/2025 · 2025-03-04

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:31541 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2203 of 2025 Petitioner :- Smt. Suman Devi Respondent :- Ahiwaran And 2 Others Counsel for Petitioner :- Radhey Shyam Yadav,Sukesh Kumar Counsel for Respondent :- Sudhir Kumar Singh Parmar Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for petitioner and Sri S.K.S. Parmar, learned counsel for the respondents. 2. Through this writ petition, a challenge has been made to order dated 03.01.2025 passed by District Judge, Farrukhabad in Misc. Case No. 162 of 2024 as well as the order dated 08.10.2024 passed by Judicial Magistrate, Gram Nyayalay Amrirpur, Farrukhabad rejecting the application 6C2 filed in Original Suit No. 26 of 2021. 3. It is contended by learned counsel for petitioner that the court below was not correct in rejecting Misc. Civil Case No. 162 of 2024 as it was filed against the order passed on 6C2 application which has been rejected by Judicial Magistrate, Gram Nyayalay Amrirpur, Farrukhabad. 4. Learned counsel for the respondents submitted that Section 34 of the Gram Nyayalayas Act, 2008 specifically bars an appeal against interlocutory order. 5. I have heard respective counsel for the parties and perused the material on record. 6. Before proceeding to adjudicate the matter on merits, a cursory glance of Section 34 of Gram Nyayalayas Act, 2008 is necessary for better appreciation of the case, which is extracted hereasunder:- "34. Appeal in civil cases.—(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Court. (2) No appeal shall lie from any judgment or order passed by the Gram Nyayalaya— (a) with the consent of the parties; (b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand; (c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya: Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period. (4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal. (5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against. (6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court: Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution." 7. From perusal of the sub-Section (1) of Section 34, it is clear that no appeal lies against an order of Gram Nyayalaya which is interlocutory in nature. Further, sub-Section 2(b) of Section 34 provides that no appeal shall lie from a judgment or order passed where the amount or value of the subject matter of the suit, claim or dispute does not exceed rupees one thousand. 8. It is admitted to both the parties that valuation of suit is only Rs.1,000/- and as such against the order passed by Judicial Magistrate, Gram Nyayalay Amrirpur, Farrukhabad refusing to grant temporary injunction, no appeal lies under Section 34 and District Judge, Farrukhabad has rightly rejected the Misc. Civil Case No. 162 of 2024. No case for interference is made out. 9. Writ petition fails and is hereby dismissed. Order Date :- 5.3.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad