PRAVEEN SINGH AND 2 OTHERS v. SURASTI DEVI AND 3 OTHERS
A227/8170/2025 · 2025-07-30
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80684 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:127713 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8170 of 2025 Petitioner :- Praveen Singh And 2 Others Respondent :- Surasti Devi And 3 Others Counsel for Petitioner :- Dhananjai Rai,Vibhu Rai Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. The present petition has been filed with the following prayer:
"Issue an appropriate order or direction setting aside the order dated 31.05.2025 passed by Civil Judge (Junior Division), Hawali, Azamgarh in Case No. 2244 of 2025 (Surasti Devi and other versus Praveen Singh and others). (Annexure No. 1)."
3. Learned Standing Counsel has raised a preliminary objection that the petitioner has an alternative remedy of filing application under Order 39 Rule 4 C.P.C. against the order impugned.
4. Since the petitioner has an alternative remedy, I am not inclined to entertain the instant petition.
5. In view of the same, the writ petition is disposed of with liberty to the petitioner to move an appropriate application under Order 39 Rule 4 C.P.C within a week. In case, such an application is moved before the appropriate authority within one week from today, the same shall be considered and decided by Civil Judge (Junior Division), Hawali, Azamgarh within twelve weeks thereafter in accordance with law after hearing all the concerned parties provided there is no other legal impediment. Order Date :- 31.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad