Smt.Sumitra vs Smt.Subhawati Devi And 6 Others
2021 Latest Caselaw 7975 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3060 of 2021
 

 
Petitioner :- Smt.Sumitra
 
Respondent :- Smt.Subhawati Devi And 6 Others
 
Counsel for Petitioner :- Shyam Sunder Maurya
 

 
Hon'ble Ajit Kumar,J.

This petition under Article 227 of the Constitution has been filed challenging the judgment and decree dated 03.03.2016 passed in Civil Suit No. 238 of 2014 and the judgment and decree dated 11.01.2021 passed in regular Appeal No. 30 of 2016.

In the considered opinion of this Court, the remedy available to the petitioner is to file second appeal under Section 100 C.P.C.

At this stage learned counsel for the petitioner submits that he may be permitted to withdraw this petition to avail the remedy of second appeal under Section 100 C.P.C.

Accordingly, the petition is dismissed as withdrawn with aforesaid liberty.

Certified copies of the judgments and decrees aforesaid are directed to be returned to the petitioner after retaining photostat copies thereof in the records.

Order Date :- 14.7.2021

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