Amirunnisha And Another vs Raghav Prasad And Another
2023 Latest Caselaw 9887 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 29562 of 2011
 

 
Petitioner :- Amirunnisha And Another
 
Respondent :- Raghav Prasad And Another
 
Counsel for Petitioner :- Parameshwar Yadav
 
Counsel for Respondent :- S.C.
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Civil Misc. Recall/Review Application No.168041 of 2011

1. This is an application seeking review/recall of order dated 23.05.2011.

2. Heard.

3. Allowed.

4. The order dated 23.05.2011 is hereby recalled. The writ petition is restored to its original number.

Order on Writ Petition

1. The petitioner had filed Original Suit No.364 of 2002 for getting the sale deed amended. The suit was decided vide order dated 21.05.2008 and the sale deed in entirety was cancelled. Against the order passed by trial Court, Civil Appeal along with delay condonation application under Section 5 of the Indian Limitation Act was filed. By the order impugned dated 13.04.2010 the application 5C-2 has been dismissed hence the appeal also stood dismissed. Against the order passed by Appellate Court, the petitioner had preferred present writ petition assailing the order dated 13.04.2010 passed on the application 5-C2.

2. From perusal of the order impugned and hearing the counsel for the petitioner, I find that once the application under Section 5 of Limitation Act has been dismissed, the consequential order is the dismissal of the appeal and against such order, writ petition under Article 226/227 of the Constitution of India is not maintainable.

3. Writ petition being thoroughly misconceived is hereby dismissed.

4. Office to return certified copy of the impugned judgment within a week to the counsel for the petitioner.

Order Date :- 4.4.2023

Kushal