Allahabad High Court
Ram Mohan vs District Judge Unnao And Others on 20 November, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:76758 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3138 of 2010 Petitioner :- Ram Mohan Respondent :- District Judge Unnao And Others Counsel for Petitioner :- Anoop Srivastava Ii Counsel for Respondent :- C.S.C.,Maneesh Nigam Hon'ble Pankaj Bhatia,J.
1. A request for adjournment has been made on behalf of the petitioner.
2. Considering the fact that the present case is pending since 2010 and as far back as in the year 2016, this court had noticed that the case is pending since long, however, had adjourned the same for one month.
3. I am not inclined to adjourn the same today.
4. The present writ petition has been filed challenging the order dated 3.4.2010 whereby the revision preferred by the petitioner was dismissed. The said revision was filed against an order whereby application under Section 5 of the Limitation Act alongwith application under Order 9 Rule 13 C.P.C. was dismissed. The revisional court while dismissing the revision had recorded that a Suit no.330 of 1995 has already been filed seeking declaration of the compromise decree as forged, fabricated and null and void, as such the rejection of the application under Order 9 Rule 13 C.P.C. would have no adverse affect on the rights of the petitioner.
5. Since the year 2010, no interim order has been passed in favour of petitioner.
6. Considering the reasonings recorded in the revisional court's order and the fact that the suit is pending, no good ground for interference is made out.
7. In view of the above, the petition is dismissed.
Order Date :- 20.11.2024/Shukla