Ravi Narain Shukla vs Chandra Shekhae And 17 Others
2022 Latest Caselaw 20403 ALL

Citation : 2022 Latest Caselaw 20403 ALL
Judgement Date : 8 December, 2022

Allahabad High Court

Ravi Narain Shukla vs Chandra Shekhae And 17 Others on 8 December, 2022

Bench: Vivek Chaudhary




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10798 of 2022
 

 
Petitioner :- Ravi Narain Shukla
 
Respondent :- Chandra Shekhae And 17 Others
 
Counsel for Petitioner :- Abu Sufiyan Azmi,Shiv Sagar Singh
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and perused the record.

The petitioner has approached this Court challenging the order dated 24.08.2022 passed in Misc Case No.38/74/2022 (Computer No.31/2020) (Ravi Narayan and another Vs. Babu Lal and another).

Facts of the case as submitted by learned counsel for the petitioner are that the suit for partition was decreed on 26.01.1943. A preliminary decree was prepared and thereafter proceedings for preparation of final decree were initiated. The suit was dismissed for want of prosecution on 26.04.1969 and thereafter now the petitioner has filed an application for preparation of the final decree. The said application is dismissed by the impugned order dated 24.08.2022, on the ground that once the suit for preparation of final decree was dismissed for want of prosecution on 26.04.1969, without filing any application to recall the same, new suit/application could not have been filed.

Learned counsel for the petitioner places reliance upon the judgment of this Court dated 05.03.2020 passed in Writ 'C' No.69409 of 2009 (Abdul Razak and another Vs. State of U.P. & others), in support of his submissions.

He further submits that the earlier order dated 26.04.1969 could not have been passed as once the preliminary decree is prepared, it was the duty of the Court to prepare the final decree.

Be that as it may, even presuming the submissions of learned counsel for the petitioner to be correct, it is always open for the petitioner to move an application before the Court concerned for recall/set aside the order dated 26.04.1969, as the same is an ex parte order to the parties.

In view thereof, with the aforesaid liberty the petition is consigned to record.

In case any such application is filed, the Court concerned shall proceed and decide the same in accordance with law after hearing all the parties, expeditiously without granting any unnecessary adjournment.

(Vivek Chaudhary,J.)

Order Date :- 8.12.2022

Arjun/-