Allahabad High Court
SHRIKANT YADAV AND ANOTHERversusRAM LALIT AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The petition is dismissed as withdrawn.
Summary
Petitioners Shrikant Yadav and another filed a writ petition in the Allahabad High Court seeking a certiorari to set aside a judgment and decree dated 19‑10‑2015 of the MACT/ADJ Court, Gorakhpur, which had rejected their application under CPC Rule 13 to vacate an ex parte order in case 565 of 1997. They also prayed for mandamus directing the respondents to stay pending recovery proceedings and to be given a hearing. The petition was filed through counsel Hare Ram Pandey and others, while the respondents were represented by Krishna Kumar Chaurasia, S.C., and Vipin Chandra Dixit. The petitioners later moved an application to withdraw the writ petition, which was accepted by the standing counsel. The High Court dismissed the petition as withdrawn, without addressing the merits of the relief sought.
Issues considered
- Whether the writ petition seeking certiorari and mandamus should be entertained after the petitioners' request to withdraw it.
Legislation cited
- Code of Civil Procedure, 1908 — s. Rule 13
Subjects
- writ petition
- certiorari
- mandamus
- withdrawal
- ex parte order
- Civil Procedure Code
- Motor Accident Claims Tribunal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 2041 of 2016
Shrikant Yadav And Another
.....Petitioner(s)
Versus
Ram Lalit And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hare Ram Pandey, Pulak Ganguly,
Vikash Kumar Tiwari, Vivek Kumar
Tiwari
Counsel for Respondent(s) : , Krishna Kumar Chaurasia, S.C., Vipin
Chandra Dixit (Elevated)
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Sri Deepak Kumar Yadav (AoR A/D 0755/2018) holding brief of Sri
Hare Ram Pandey, learned counsel for the petitioners seeks to withdraw
the present writ petition, wherein prayer is (a) issue a writ in the nature of
certiorari for setting aside the judgment and decree dated 19.10.2015
passed by MACT/ADJ Court No. 5, Gorakhpur whereby the court below
has rejected the application moved in Misc. Case No. 76 of 2013 by the
petitioners u/o 9 Rule 13 CPC for setting aside the ex parte order in Case
No. 565 of 1997 (Ram Lalit and others Vs. Shrikant Yadav), and (b) to
issue a writ of mandamus commanding the respondent to stay the pending
recovery proceedings initiated by the respondents pursuant to the award
dated 23.10.2007 passed by the MACT Gorakhpur in Case No. 565 of
1997 (Ram Lalit and others Vs. Shrikant and others) on the claim
application of the opposite party no. 1 and 2, and, (c) to issue a writ of
mandamus commanding the respondents to afford opportunity of hearing
too the applicants/petitioners in Case No. 565 of 1997 (Ram Lalit Vs.
Shrikant and others), and (d) and/or may pass such other and further
orders which this Hon'ble Court may deem fit and proper under the facts
and circumstances of the case in the interest of justice, otherwise
applicant/petitioners shall suffer irreparable loss and injury.
2. Learned Standing Counsel has no objection to the same.
3. The present petition is dismissed as withdrawn.
May 12, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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