Allahabad High Court
RAM MANOHARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition.
Summary
The petitioner, Ram Manohar, filed a petition under Article 227 challenging the order dated 18-10-2025 of the Civil Judge, Junior Division/Fast Track Court-I, Kaushambi, which had quashed a previous decree. Counsel for the petitioner, Arvind Kumar, later sought to withdraw the petition on the ground that it was not properly constituted. The respondents, represented by C.S.C., raised no objection to the withdrawal. The High Court, after noting the lack of objection, dismissed the petition as withdrawn, granting the petitioner liberty to file a fresh petition if desired. The court ordered the certified copy of the petition to be returned upon submission of a photocopy.
Issues considered
- Whether the petition under Article 227 is maintainable given alleged procedural defects
- Whether the court should entertain a petition that the petitioner wishes to withdraw
Subjects
- Article 227
- withdrawal of petition
- maintainability
- civil procedure
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5821 of 2026
Ram Manohar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. 1. At the very outset, Sri Arvind Kumar, learned counsel for the petitioner
seeks to withdraw the present petition, wherein the challenge has been raised
to quashing of the impugned order dated 18.10.2025 passed by Civil Judge,
Junior Division/Fast Track Court-I, Kaushambi, in Case No. 152 of 2012
(Ram Manohar Vs. Sushila Devi & others), with liberty to file afresh, as
according to him, the present petition has not properly been constituted.
2. Learned counsel for the respondents have no objection to the same.
3. The petition is dismissed as withdrawn with liberty aforesaid.
4. Certified copy be returned subject to submission of photocopy.
May 6, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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