Shree Niwas And 6 Others vs Karimuddin And 11 Others
2023 Latest Caselaw 12653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2910 of 2023
 

 
Petitioner :- Shree Niwas And 6 Others
 
Respondent :- Karimuddin And 11 Others
 
Counsel for Petitioner :- Raj Kumar Dhama
 

 
Hon'ble Prakash Padia,J.

It is argued by the counsel for the petitioners that wholly illegally the representation filed by the plaintiffs-petitioners being Application Nos.34-C/2 and 25-C/2 were rejected by the appellate court vide its order dated 03.01.2023. In paragraph-20 of the petition it is stated that the judgment delivered by the Hon'ble Apex Court were cited by the petitioners before the court below but the same has not been appreciated.

In this view of the matter, it is argued that order passed by the appellate court rejecting the application filed by the petitioners/appellants is illegal.

Since a statement has been made on the basis of the personal knowledge by the petitioners before this Court that the judgment delivered by the Hon'ble Apex Court has been cited by the plaintiffs-petitioners before the court below but the same has not been appreciated, the Court is of the opinion that this ground is only be taken by the petitioners, while filing the review petition.

At this stage, counsel for the petitioners prays for withdrawal of the present petition with liberty to file review application before the court below.

Prayer is allowed.

Accordingly, the petition is dismissed as not pressed with liberty as prayed.

Order Date :- 24.4.2023

Swati