Allahabad High Court
A227/7108/2025 of NIKUNJ KHARE Vs KM. SUNITA AND ANOTHER on 10 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7108 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Dhirendra Pratap Singh, learned counsel for the petitioner. 2. By means of the present petition filed under Article 227 of the Constitution of India, the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7108 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Shri Dhirendra Pratap Singh, learned counsel for the petitioner.
2. By means of the present petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of order dated 29.11.2025 passed by the Civil Judge, Junior Division, South Lucknow in Misc. Case No.250/2025 (Nikunj Khare Vs. Shrimati Ram Lubhai and Ors.) rejecting the petitioner's application under Order 21 Rules 97, 99 and 101 CPC.
3. Rule 100(3) of Order 21 CPC provides that when an application has been adjudicated upon under the Rule 98 or 100 of Order 21 CPC, the order made thereon shall have the same force and be subjected to the same conditions as to an appeal or otherwise as a decree.
4. The orders on the petitioner's application under Rules 97 and 99 of Order 21 have been passed under Rules 98 and 100 of Order 21 CPC and, therefore, the impugned order amounts to a decree and is appealable.
5. As the petitioner has got remedy of filing appeal available, I am not inclined to entertain the present petition.
6. Accordingly, the petition stands dismissed leaving it open to the petitioner to file an appeal in accordance with the statutory provisions.
7. Office is directed to return the certified copies of the documents to the Versus Counsel for Petitioner(s) : Dhirendra Pratap Singh, Dharmendra Kumar Gautam, Virendra Singh Counsel for Respondent(s) :
Nikunj Khare .....Petitioner(s) Km. Sunita And Another .....Respondent(s)
learned counsel for the petitioner after retaining photocopies of the same on record. December 10, 2025 V. Sinha A227 No. 7108 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench