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2025 DAILYLAW 57486 (ALL)

SIDDHARTH AND 19 OTHERS v. RAVI NARAYAN SHUKLA AND 2 OTHERS

A227/4943/2025 · 2025-05-13

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79332 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4943 of 2025 Petitioner :- Siddharth And 19 Others Respondent :- Ravi Narayan Shukla And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava,Ranveer Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This case has a long chequered history. It is contended that in a partition suit instituted by the grand father of the petitioner, a preliminary decree was made in the year 1943, which has been challenged in first appeal. By the order of this Court in the year 1957, the said preliminary decree was confirmed. It appears that some proceedings were initiated by the defendants in the year 1979 by moving recall application, which was dismissed. The matter had earlier travelled upto this Court in Matter under Article 227 No.10798 of 2022, which was disposed of on 08.12.2022. 2. According to learned counsel for the petitioner, a fresh proceedings has been initiated which has been registered as Case No.21/74/2020. The present writ petition has been filed for setting aside the entire proceedings of the said case. 3. This Court finds that in case the decree of the year 1943 on the date had attained finality, the petitioner has remedy of moving application before the Court concerned for getting the said case dismissed. The present writ petition, as framed, is not maintainable. 4. Dismissed. Order Date :- 14.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad