Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6771 of 2018 Petitioner :- Chheetan Respondent :- Ram Akshaibar And 3 Others Counsel for Petitioner :- Surya Nath Yadav Counsel for Respondent :- Rahul Kumar,Pushpendra Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
The petitioner is before this Court assailing the order dated 28.7.2018 passed in Appeal No.82 of 2004 by the Addl. District Judge/Special Judge (SC/ST) Act, Basti arising out of order dated 12.7.2004 passed by Civil Judge (JD) Basti in O.S. No.578 of 2002 (Chittan v. Ram Akshaibar & Ors.).
Shri P.K. Mishra, learned counsel for the respondents raised an objection that the present writ petition is filed against the dead person i.e. respondent nos.2 and 3. Though application has been filed for substitution of heirs of respondent nos.2 and 3 but it would be appropriate if necessary application for substitution is moved before the trial court and in case the petitioner has any grievance in future, he would be at liberty to approach this Court again.
Confronted with this, learned counsel for the petitioner states that he does not want to press the writ petition and the same may be dismissed as not pressed with liberty to file fresh writ petition.
The writ petition is dismissed as not pressed with liberty to file fresh writ petition.
Order Date :- 19.9.2018 SP/