RAJKUMAR YADAV AND 3 OTHERS v. THE STATE OF U.P. AND 3 OTHERS
A227/305/2023 · 2025-09-22
Manish Kumar Nigam
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6033 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 305 of 2023 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :- ''Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 03.11.2022 passed by the Learned Additional District Judge Court No. I, District Deoria in Civil Appeal No. 09 of 2020 (Kusum Versus Chhedi Prasad Yadav) as well as the impugned order dated 17.02.2020 passed by the Learned Civil Judge (Senior Division) Court No. 18, District Deoria in Original Suit No. 04 of 2018 (Kusum Versus Chhedi Prasad Yadav), the copies whereof are contained in Annexures 1 and 2 respectively to the writ petition;
Issue a writ, order or direction in the nature of mandamus declaring the civil death of Neharu 1 and Yadava (father of the petitioner no. husband of the petitioner no. 2 respectively)"
3. The original suit no.04 of 2018 was filed by the petitioner and the same was dismissed by the Trial Court vide judgment and decree dated
17.2.2020. Against the judgment and decree dated 17.2.2020, Civil Appeal No.09 of 2020 was filed by the petitioner, the same has also been dismissed by the Appellate Court.
4. A preliminary objection has been raised by learned counsel appearing for the respondents that against the appellate decree, second appeal will lie under Section 100 of CPC. Versus Counsel for Petitioner(s) : Archana Singh, Bramh Narayan Singh Counsel for Respondent(s) : C.S.C., Sudhir Bharti Rajkumar Yadav And 3 Others .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s)
5. In view of the same, I am not inclined to interfere with the matter.
6. Accordingly, the writ petition stands disposed of with liberty to the petitioner to avail the remedy, as available to them, under the law. September 23, 2025 Rishabh A227 No. 305 of 2023 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad