Krishna Kant Shukla vs Manoj Kumar Tivari
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Allahabad High Court

Krishna Kant Shukla vs Manoj Kumar Tivari on 31 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100726
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6143 of 2024
 

 
Petitioner :- Krishna Kant Shukla
 
Respondent :- Manoj Kumar Tivari
 
Counsel for Petitioner :- J. N. Dwivedi
 

 
Hon'ble Ajit Kumar,J.
 

Petitioner before this Court is aggrieved by the judgment and decree passed in O.S. No. 1168 of 2015 and so also the judgment and decree dated 27.02.2024 passed in Civil Appeal No. 11 of 2022. The suit was instituted for cancellation of Will and therefore, in my considered view second appeal would lie and not a petition under Article 227 of the Constitution against the judgment and decree passed in regular suit affirmed in regular appeal.

In the circumstances, therefore, this petition under Article 227 of the Constitution is held to be not maintainable.

Liberty rests with the petitioner to apply for second appeal, if so advised.

Subject to aforesaid liberty, this petition consigned to records.

Certified copy of the impugned order shall be returned to learned counsel for the petitioner within three day after retaining a photocopy of the same on records.

Order Date :- 31.5.2024

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