HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 7640 of 2022 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, Shri Swapnil Kumar, learned counsel for the respondent and perused the record. 2. This petition has been filed challenging the order dated 26.07.2022 passed by District Judge, Etah in Civil Appeal No. 12 of 2022 (Suresh Kumar v. Mahipal and others). 3. By the order impugned, the District Judge has rejected an application filed by the appellant under Order 6 Rule 17 C.P.C. for amendment. 4. It has been informed by Shri Swapnil Kumar, learned counsel for the respondent that appeal No. 12 of 2022 has already been dismissed by order dated 12.11.2024 passed by Special Judge, Etah. 5. In view of the fact that appeal itself has been rejected, no further orders are required to be passed by this Court. 6. However, in view of Section 105 of C.P.C., in case, a second appeal is filed by the petitioner against the judgment and Versus Counsel for Petitioner(s) : Dhirendra Singh Rajput, Ram Pravesh Yadav Counsel for Respondent(s) : C.S.C., Sudhanshu Kumar, Swapnil Kumar Lalaram And 2 Others .....Petitioner(s) Mahipal And 10 Others .....Respondent(s) decree passed in appeal, it will be open for him to assail the order dated 26.07.2022 passed by the District Judge, Etah in the second appeal and dismissal of this petition will not be an impediment for considering the same by the second appellate court in accordance with law. 7. With the aforesaid direction, this petition stands dismissed. September 19, 2025 Ved Prakash A227 No. 7640 of 2022 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad