Churaman Since Deceased And 2 Others vs Jhhillu And 12 Others
2024 Latest Caselaw 17319 ALL

Allahabad High Court

Churaman Since Deceased And 2 Others vs Jhhillu And 12 Others on 15 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:87489
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6061 of 2024
 

 
Petitioner :- Churaman Since Deceased And 2 Others
 
Respondent :- Jhhillu And 12 Others
 
Counsel for Petitioner :- Shyam Sunder Maurya
 

 
Hon'ble Ajit Kumar,J.
 

1. Heard learned counsel for the petitioner. Perused the record.

2. This petition has been filed by way of second writ petition questioning the order that was already questioned in the petition vide Matter under Article 227 No.7627 of 2023 which after some argument was permitted to be withdrawn.

3. The Court while dismissing the petition as withdrawn passed following order on 15.09.2023:

"1. This petition has been filed seeking the following relief:-

(i) To set aside the impugned judgment and order dated 19.05.20232 passed by 1st Additional District Judge, Ghazipur in Misc. Civil Appeal No. 82 of 2008 (Churaman and others Vs. Jhhillu and others) and order dated 11.07.2008 passed by Additional Civil Judge (J.D.)/ Judicial Magistrate Court No. 4 Ghazipur in original suit No. 186 of 2006 (Churaman Vs. Jhhillu and others), whereby the application 6C has been rejected by Civil Judge (J.D.) Ghazipur.

(ii) Issue an order or direction directing the defendants-respondents not to interfere in the peaceful way of the petitioners.

2. It appears that Original Suit No. 186 of 2006 was filed by the petitioners in the court of Civil Judge (Junior Division), Ghazipur seeking relief of permanent injunction with regard to an alleged road marked as A.B.C.D.A in the plaint map. An application for temporary injunction was also filed which was dismissed vide order of the trial court dated 11.7.2008. Petitioners filed an appeal bearing Misc. Appeal No. 82 of 2008 in the court of the 1st Additional Sessions Judge, Ghazipur which came to be dismissed by the impugned order dated 19.5.2023.

3. After arguing for some time, learned counsel for the petitioners prays that he may be permitted to withdraw this petition.

4. This petition is, therefore, dismissed as withdrawn.

5. Registrar (Compliance) is directed to communicate the copy of this order to the concerned court within a period of 15 days."

4. From the perusal of the order passed by the Court in earlier petition on 15.09.2023 it is apparent that the Court did applied its mind to the controversy involved in the case and records that after arguing for sometime learned counsel for the petitioner prayed for withdrawal. Meaning thereby the petitioner did not want to contest the matter after the Court entered into the merits and dismissed the petition upon request being made on behalf of the petitioner as withdrawn without granting any further liberty.

5. In such above view of the matter therefore, second petition for the same cause is not maintainable. Accordingly, the petition is dismissed and is hit by principle of res judicata.

Order Date :- 15.5.2024

Deepika