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2025 DAILYLAW 36179 (ALL)

ABDUL SALAM AND 4 OTHERS v. WAHEED

A227/3690/2025 · 2025-04-15

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55387 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3690 of 2025 Petitioner :- Abdul Salam And 4 Others Respondent :- Waheed Counsel for Petitioner :- Jiya Lal Yadav,Ram Kishun Misra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- “i. Set aside the judgment and order dated 20.10.2009 passed by learned Civil Judge (L.D.), Court No.3, Ghaziabad in Suit No.366/2004 Sayeed Ahamad vs. Abdul Salam and others and Judgment and order dated 15.12.2009 passed by learned In-Charge, District Judge, Ghaziabad in Revision No.130/2009 Abdul Salam and others vs. Waheed.” The order passed on 20.10.2009 and 15.12.2009 are under challenge in this writ petition. When the Court confronted the fact that the writ petition is highly belated, learned counsel for the petitioners has submitted that earlier the Writ Petition No.4959 of 2010 was filed, which was dismissed and the client was advised to file Matters Under Article 227 of the Constitution of India challenging the orders passed in the year 2009. When the Court perused the material on record, it found that that in para 27, the petitioner has stated that Writ-C No.4959 of 2010 was filed under Article 226 of the Constitution of India and the client was advised to amend it into petition under Article 227 of the Constitution of India. The said writ petition was dismissed in default, wherein a recall application dated 27.10.2021 was filed which is still pending. It is further averred that an amendment application has also been filed in the said writ petition which is also pending. Once, the restoration application along with amendment application is still there, no new petition under Article 227 of the Constitution of India is maintainable for challenging the orders passed in the year 2009. The petitioner may pursue the said writ petition which was filed in the year 2010, and get it converted into Matters Under Article 227 of the Constitution of India. Writ petition fails and is hereby dismissed. Order Date :- 16.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad