Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1128 of 2018 Petitioner :- Narendra Kumar Chaubey And Another Respondent :- Malti Purwar And Another Counsel for Petitioner :- Ram Kishore Pandey,Pt. S.P. Sharma Counsel for Respondent :- Arvind Srivastava,Pushkar Srivastava Hon'ble Manoj Kumar Gupta,J.
The orders impugned have been passed on an application under Order 21 Rule 97 CPC and in the appeal against the order passed on application under Order 21 Rule 97 CPC.
Counsel for the parties do not dispute that the adjudication made on the application under Order 21 Rule 97 amounts to a decree under Order 21 Rule 103 CPC and is subject to an appeal, as in case of a decree passed in the suit.
Accordingly, the instant petition is not maintainable as the petitioners have remedy to challenge the impugned orders/judgements by taking recourse to the remedy provided under the Code of Civil Procedure.
The petition is accordingly dismissed with liberty to avail the remedy provided under the Code.
Certified copies of the impugned orders/judgements shall be returned to counsel for the petitioners, after retaining a photo copy on record.
(Manoj Kumar Gupta, J) Order Date :- 22.2.2018 SL