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Allahabad High Court

MOHAMMAD YAMINversusAHSAAN KHAN

Decided

Holding

The writ petition was dismissed as infructuous due to the petitioner's failure to appear.

Summary

A writ petition under Article 227 was listed as likely to be infructuous. No counsel appeared on behalf of the petitioner to demonstrate that the cause of action still existed. Consequently, the Court dismissed the petition as infructuous. The judgment clarified that if the cause of action persists, the petitioner may file a fresh application within the limitation period. No substantive merits of the petition were considered.

Issues considered

  • Whether the writ petition remained viable for adjudication in the absence of the petitioner's representation

Subjects

  • Article 227
  • writ petition
  • infructuous dismissal
  • procedural default
  • court jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 6788 of 2015

                                    Mohammad Yamin
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Ahsaan Khan
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Gulrez Khan, Javed Husain Khan
                                    Counsel for Respondent(s)       : Aijaz Ahmad Khan, Anil Kumar
                                                                      Shukla, Himanshi Nausran

                                    Court No. - 32
                                                        HON'BLE DINESH PATHAK, J.

                                    1. Instant writ petition has been listed under the heading of "Likely to be
                                    Infructuous" cases.

                                    2. However, none has appeared on behalf of the petitioner to point out the
                                    survival of the instant writ petition. Therefore, the instant writ petition is
                                    dismissed as infructuous.

                                    3. It is clarified that if the cause of action still survives to maintain the
                                    instant writ petition, the petitioner shall be at liberty to move an
                                    appropriate application within limitation against the order of the date.


                                                                                             (Dinesh Pathak,J.)
                                    September 8, 2026
                                    VR




Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad


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