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2025 DAILYLAW 62460 (ALL)

MOHD. NASIR @ NASIR AHMAD v. ANUPAM VIJAY GUPTA @ ANUPAM VIJAY AND ANOTHER

A227/5526/2025 · 2025-05-26

Saral Srivastava

body2025

Judgment text

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Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5526 of 2025 Petitioner :- Mohd. Nasir @ Nasir Ahmad Respondent :- Anupam Vijay Gupta @ Anupam Vijay And Another Counsel for Petitioner :- Kartikey Pandey,Umair Mahmood Hon'ble Saral Srivastava,J. 1. Sri Ashish Agrawal, Advocate has filed Vakalatnama on behalf of respondent no.1 today, which is taken on record. 2. Head Sri Umair Mahmood, learned counsel for the petitioner and Sri Ashish Agrawal, learned counsel for respondent no.1. 3. The petitioner by means of the present petition under Article 227 of the Constitution of India has assailed the order dated 24.03.2025 passed by the Additional District Judge, Court No.6, Bijnor in S.C.C. Suit No.03 of 2019. 4. A preliminary objection has been raised by learned counsel for the respondent that against the order impugned, petitioner has statutory alternative remedy of filing revision under Section 25 of the Provincial Small Cause Courts Act, 1887. 5. The aforesaid fact is not disputed by the learned counsel for the petitioner. 6. Since, there is effective alternative remedy of filing revision against the order impugned, therefore, present petition is not maintainable. 7. Consequently, the present petition under Article 227 of the Constitution of India is dismissed on the ground of alternative remedy. Order Date :- 27.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad