Allahabad High Court
Munni Devi vs Ayodhya Prasad Soni on 3 April, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 2530 of 2023
Petitioner :- Munni Devi
Respondent :- Ayodhya Prasad Soni
Counsel for Petitioner :- Rashid Ali,Adya Prasad Tewari
Counsel for Respondent :- Udai Prakash Deo Pandey
Hon'ble Prakash Padia,J.
On 17.03.2023, the following order was passed:-
"The present petition has been taken up today on the order passed on the listing application.
It is informed by learned counsel for the petitioner that a caveat has been filed on behalf of Ayodhya Prasad Soni by Rashid Ali, Advocate and he has informed the Mr.U.P.D. Pandey, Advocate regrading the order passed today in the listing application for taken up the matter today after lunch.
When the matter is taken up, nobody is present on behalf of the caveator.
The petitioner has preferred the present petition with the prayer to quash the ex-parte judgment and order dated 26.07.2008 and decree dated 29.07.2008 passed by the Trial Court and order dated 08.09.2022 passed by Civil Judge (S.D.) Sonebhadra and order dated 20.02.2023 passed by Additional Sessions Judge Court No.1, Sonebhadra in Misc. Civil Appeal No.58 of 2022.
It is argued by learned counsel for the petitioners that after the aforesaid orders were passed, an other order was passed by the Additional Sessions Judge Sonebhadra on 15.03.2023 directing the authorities to open the lock with force for execution of decree and the date in this regard is fixed on 20.03.2023. In this view of the matter, it is argued that an interim protection is urgently required.
In the interest of justice, put up this matter as fresh on 27.03.2023.
Till then, no coercive action will be taken against the petitioner."
Again on 27.03.2023, following order was passed:-
"It is argued by learned counsel for the respondent that a statement himself was given by the petitioner before the Naib Tehsildar, Robertsganj on 16.08.2009 that he will vacate the premises by evening 17.08.2009.It is argued that Parvana Amal Daramad has already been issued on 18.07.2022 but this fact has also been concealed by the petitioner while filing the present petition.
Nothing has been stated in the entire petition in this regard, hence the petition is liable to be dismissed.
As prayed by learned counsel for the petitioner, a weeks time is granted to file appropriate affidavit in this regard.
Put up as fresh on 03.04.2023.
Interim order, if any granted earlier, is extended till the next date of listing."
Today when the matter is taken up, a prayer has been made by the counsel for the petitioner to dismiss the present petition as not pressed with liberty to the petitioner to file a fresh petition.
Prayer is allowed.
Accordingly, the petition is dismissed as not pressed with liberty as prayed.
This order is passed in the presence of Shri Udai Prakash Deo Pandey, learned counsel for the respondent.
It is made clear that in case the petitioner will file a fresh petition, he will serve the same upon Shri Udai Prakash Deo Pandey, learned counsel appearing on behalf of respondent.
Order Date :- 3.4.2023
Swati
