SHAH ALAM AND ANOTHER v. MUJAMMIL ULLA KHA (DECEASED) AND 4 OTHERS
A227/9297/2025 · 2025-08-19
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86368 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86368 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142103 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9297 of 2025 Petitioner :- Shah Alam And Another Respondent :- Mujammil Ulla Kha (Deceased) And 4 Others Counsel for Petitioner :- Lal Bahadur,Rajesh Kumar Patel Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. This petition has been filed challenging the order dated 09.05.2025 passed by the lower Appellate Court, by which, application filed by the petitioners u/s 5 of the Indian Limitation Act for condoning the delay in filing the appeal has been rejected by the lower Appellate Court.
3. The aforesaid order is a decree and in view of the judgment of this Court passed in Prem Wati and others v. Munni Devi and others reported in 2009 (2) AWC 1099, second appeal is maintainable against the order rejecting application under Section 5 of Limitation Act.
4. In view of the above, I am not inclined to interfere in the matter.
5. Accordingly, the petition is dismissed with liberty to the petitioners to avail the alternative remedy as available to them under law.
6. Certified copy of the order be returned to the petitioners after retaining photo copy of the same. Order Date :- 20.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad