Allahabad High Court
Smt.Kusum vs Anand Kumar And Others on 7 June, 2022
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No.2114 of 2022 Petitioner :- Smt.Kusum Respondent :- Anand Kumar And Others Counsel for Petitioner :- Ankit Mishra Counsel for Respondent :- Sanjeev Singh Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner and Sri Mahendra Pratap Singh, learned counsel, who has filed Vakalatnama on behalf of opposite party No.3, the same is taken on record.
In view of the proposed order, the notices to opposite party Nos.1, 2 & 4 are hereby dispensed with as no prejudice is caused to such opposite parties.
The contention of learned counsel for the petitioner is that the opposite party No.1 and 2 have filed a suit before the learned Civil Judge (Senior Division), Unnao without impleading the present petitioner, however, she is necessary party to be impleaded in the suit and the said suit has been decreed in favour of such opposite parties without hearing the present petitioner.
Learned counsel for the opposite party No.3 has submitted that the aforesaid order is revisable and the revision may be filed before the learned District Judge, therefore, the petitioner may be directed to file revision before the learned District Judge, Unnao.
In view of the above, without entering into merits of the issue, the present petition is disposed of finally giving liberty to the petitioner to file appropriate petition/ application before the competent court of law within a period of fifteen days impleading the opposite party No.1, 2 & 4 and the learned court concerned shall dispose of such petition/ application, strictly in accordance with law, with expedition preferably within a period of one month from the date of receipt of a certified copy of this order after affording an opportunity of hearing to the parties concerned.
Till disposal of such petition/ application, the status-quo as on today shall be maintained. However, if the petitioner does not file any appropriate petition/ application before appropriate court of law within a period of fifteen days, the interim protection so given shall not be made available.
Order Date :- 7.6.2022 [Rajesh Singh Chauhan,J.]
Suresh/