Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 5016 of 2021 Petitioner :- Lalji Respondent :- Ram Khelawan (Since Deceased) And 5 Others Counsel for Petitioner :- Pramod Pathak Counsel for Respondent :- Ravish Chandra Srivastava
Hon'ble Prakash Padia,J.
Heard counsel for the petitioner and Shri V.K. Ojha, Advocate holding brief of Shri Ravish Chandra Srivastava, learned counsel for the contesting respondent.
The Petitioner has preferred the present petition inter-alia with the following prayer:-
"I. set aside the order dated 07.01.2019 passed by the Learned Additional Civil Judge (Junior Division) Havali, Varanasi in Misc. Case No.11 of 2000 (Suresh and Others Vs. Lalji) and also the order dated 18.08.2021 passed by the Additional District Judge, Court No.1, Varanasi in Revision No.27 of 2019 (Lalji Vs. Ramtaji Devi and Others).
II. direct the appellate court (Additional District Judge, Court No.1, Varanasi) to pass the order afresh after proper consideration of the facts, given by the defendant/petitioner in his objection."
It reveals from perusal of the record that substitution application has been filed in the matter and death of Ram Khelawan, the plaintiff was occurred on 25.12.2015 thereafter an application for substitution was filed on 05.08.2016 along with the delay condonation application. The aforesaid application was allowed by the trial court vide order dated 07.01.2019.
Aggrieved against the aforesaid order a Revision was filed which was also dismissed by the revisional court vide its order dated 18.08.2021.
Aggrieved against the aforesaid, petitioner has preferred the present petition. It reveals from perusal of the record that cogent reasons were taken by the court below for condoning the delay in allowing the substitution application.
In view of the same, no case is made out. Accordingly the present petition is dismissed.
Order Date :- 28.10.2021 Swati