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2041 DAILYLAW 1 (ALL)

SHRIKANT YADAV AND ANOTHER v. RAM LALIT AND 2 OTHERS

WRIC/2041/2016 · 2026-05-11

Vikas Budhwar

body2041

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 2041 of 2016 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Sri Deepak Kumar Yadav (AoR A/D 0755/2018) holding brief of Sri Hare Ram Pandey, learned counsel for the petitioners seeks to withdraw the present writ petition, wherein prayer is (a) issue a writ in the nature of certiorari for setting aside the judgment and decree dated 19.10.2015 passed by MACT/ADJ Court No. 5, Gorakhpur whereby the court below has rejected the application moved in Misc. Case No. 76 of 2013 by the petitioners u/o 9 Rule 13 CPC for setting aside the ex parte order in Case No. 565 of 1997 (Ram Lalit and others Vs. Shrikant Yadav), and (b) to issue a writ of mandamus commanding the respondent to stay the pending recovery proceedings initiated by the respondents pursuant to the award dated 23.10.2007 passed by the MACT Gorakhpur in Case No. 565 of 1997 (Ram Lalit and others Vs. Shrikant and others) on the claim application of the opposite party no. 1 and 2, and, (c) to issue a writ of mandamus commanding the respondents to afford opportunity of hearing too the applicants/petitioners in Case No. 565 of 1997 (Ram Lalit Vs. Shrikant and others), and (d) and/or may pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice, otherwise applicant/petitioners shall suffer irreparable loss and injury. 2. Learned Standing Counsel has no objection to the same. 3. The present petition is dismissed as withdrawn. May 12, 2026 Rajesh Versus Counsel for Petitioner(s) : Hare Ram Pandey, Pulak Ganguly, Vikash Kumar Tiwari, Vivek Kumar Tiwari Counsel for Respondent(s) : , Krishna Kumar Chaurasia, S.C., Vipin Chandra Dixit (Elevated) (Vikas Budhwar,J.) Shrikant Yadav And Another .....Petitioner(s) Ram Lalit And 2 Others .....Respondent(s) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad