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2025 DAILYLAW 88001 (ALL)

PATTAR BIND AND 5 OTHERS v. SMT. HEERAMANI AND 2 OTHERS

A227/9505/2025 · 2025-09-07

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9505 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed challenging the order dated 31.03.2023 by which application filed under Section 5 of the Limitation Act in support of an application under Order IX Rule 13 of C.P.C. has been rejected. 2. There is no explanation of laches in filing the petition after a lapse of two years. 3. Further, the petitioner has alternative remedy of filing second appeal against the order impugned. 4. In view of the availability of alternative remedy, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioners to avail the alternative remedy as available to them under law. 6. Certified copy of the order impugned shall be returned back to the counsel for the petitioners after retaining the photocopy of the same. September 8, 2025 Nitika Sri. Versus Counsel for Petitioner(s) : Kailash Pati Singh Yadav, Manoj Kumar Singh Counsel for Respondent(s) : (Manish Kumar Nigam,J.) Pattar Bind And 5 Others .....Petitioner(s) Smt. Heeramani And 2 Others .....Respondent(s) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad