Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4643 of 2018 Petitioner :- Kshitij Dalmia Respondent :- Additional Judge Small Cause Court And 3 Others Counsel for Petitioner :- Kartikeya Saran,Alok Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The defendant-petitioner is before this Court assailing the validity of the order dated 31.5.2018 passed by Addl. Judge, Small Causes Court (AJSCC), Court No.2, Kanpur Nagar in Misc. Case No.121/74/2017, Suit No.2841/2009 (Smt. Saroj Dalmiya v. Smt. Indu Dalmiya & Ors.) by which application filed by the petitioner under Order 9 Rule 13 has been turned down.
Shri Alok Kumar Yadav, learned counsel for the contesting respondents raised an objection regarding the maintainability of the writ petition on the ground that against the order impugned the petitioner has got efficacious alternative remedy to file first appeal from order (FAFO) under Order 43 (1) (d) CPC.
Confronted with this situation, Shri Kartikeya Saran, learned counsel for the petitioner states that the petition may be dismissed as not pressed with liberty to file FAFO before the appropriate court.
The writ petition is dismissed as not pressed with liberty as aforesaid. The certified copy of the orders may be returned to learned counsel for the petitioner after retaining the photocopy of the same.
Order Date :- 23.8.2018 SP/