Allahabad High Court
Smt. Ramrati Devi (Since ... vs Sri Ramnaresh (Since Deceased) ... on 2 February, 2021
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 587 of 2020
Petitioner :- Smt. Ramrati Devi (Since Deceased) And 2 Others
Respondent :- Sri Ramnaresh (Since Deceased) And 5 Others
Counsel for Petitioner :- Narayan Dutt Shukla,Sri R.C. Singh (Senior Advocate)
Hon'ble Ajay Bhanot,J.
Re: (Civil Misc. Correction Application No.6 of 2021)
Heard.
Correction application is allowed.
Necessary correction has been incorporated in the order dated 27.01.2020.
Correct order shall read as under:
"Contention of Sri R.C.Singh, learned Senior Counsel assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioners is that the controversy in dispute in the instant petition was directly and substantially in issue earlier proceedings inter se the same parties before the consolidation authorities and later before this Court and Hon'ble Supreme Court. Clearly the proceedings had attained finality through successive judgments rendered by the learned trial court, this Court as well as Hon'ble Supreme Court. The respondents however instituted the proceedings registered as Suit no. 136 of 2014 (Ramnaresh Vs. Ramrati) on the same issue. Sri R.C.Singh, learned Senior Counsel contends that the Suit no. 136 of 2014 (Ramnaresh Vs. Ramrati) is barred by res judicata and constituted an abuse of process of the Court. Such proceedings ought to be throttled at the threshold. Learned Senior Counsel further submits that in Kedar Nath Vs. Fulena, reported at 2009(1) ADJ 554, this Court set its face against unscrupulous litigants who instituted the proceedings to re-agitate matters long settled by the courts by holding thus:
"In the light of the aforesaid decision, it is clear beyond doubt that the plaintiff-respondents have tried to over reach the Court and has resorted to such tactics by filing a suit in order to circumvent and defeat the judgment passed by the Consolidation authorities. Such tactics cannot be allowed to succeed and such person indulging in such tactics should be dealt with property at the thresh hold itself. The Court cannot allow the defendants to take recourse to long drawn proceedings by filing an application under Order 7 Rule II or get an issue framed in this regard. When such blatant misuse or rather abuse of the process of the Court comes to light, this Court has a duty to rectify such errors and restore the faith in the common man in the judicial system that prevails in our country. It is imperative that the Court is required to interfere under Article 226 and issue directions under Article 227 of the Constitution of India."
The matter needs consideration.
Issue notice to the respondents, returnable within four weeks by registered post AD as well as regular mode.
Steps to be taken within one week.
Till further orders of this Court, further proceedings in Suit No.136 of 2014 (Ramnaresh Vs. Ramrati) pending in the court of Civil Judge (Senior Division), Maharajganj shall remain stayed."
Order Date :- 2.2.2021
Ashish Tripathi
Case :- MATTERS UNDER ARTICLE 227 No. - 587 of 2020
Petitioner :- Smt. Ramrati Devi (Since Deceased) And 2 Others
Respondent :- Sri Ramnaresh (Since Deceased) And 5 Others
Counsel for Petitioner :- Narayan Dutt Shukla,Sri R.C. Singh (Senior Advocate)
Hon'ble Ajay Bhanot,J.
Re: (Civil Misc. Amendment Application No.2 of 2020)
The amendment application is allowed.
Necessary amendment to be carried out during the course of the day.
Order Date :- 2.2.2021
Ashish Tripathi
