Smt. Shanoo Bi vs Shamshad And 4 Others
2023 Latest Caselaw 1340 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12240 of 2022
 

 
Petitioner :- Smt. Shanoo Bi
 
Respondent :- Shamshad And 4 Others
 
Counsel for Petitioner :- Rahul Saxena
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Rahul Saxena, learned counsel for the petitioner.

By means of this petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 15.10.2020 passed by the court of appeal rejecting application of the petitioner filed under Order 26 Rule 9 of C.P.C. for Survey Commission Report in respect of the suit property.

The suit is of the year 2012 and after exchange of pleadings and framing of issues is at the stage of evidence of the parties and therefore, in such circumstances, I do not consider it to be appropriate to entertain this petition at an interlocutory stage. However, if the rejection of the application causes any prejudice ultimately to the defence case and the suit is decreed, it will remain open for the petitioner to take this also as one of the grounds in the event of filing of appeal against the judgment and decree passed by the trial court.

Subject to aforesaid liberty, this petition consigned to records.

Order Date :- 12.1.2023

IrfanUddin