AFR HIGH COURT OF JUDICATURE AT ALLAHABAD Amarkant Vijaywar and 6 Other …..Revisionist(s)

Versus Vipnesh Kumar and 3 Other …..Opposite Party(s)

Counsel for Revisionist(s) : Amit Kumar Asthana, Ved Prakash Shukla, Vineet Kumar Singh Counsel for Opposite Party(s) : Neeraj Dwivedi, Pankaj Agarwal, Vivek Saran (elevated)

Court No. - 5 HON'BLE KSHITIJ SHAILENDRA, J.

1. Heard Shri Vineet Kumar Singh, learned counsel for the applicants in revision (revisionists), Shri Pankaj Agarwal, learned counsel for the respondent no. 1 (respondent) and Shri Neeraj Dwivedi, learned counsel for the proforma respondents no. 2, 3 and 4.

THE CHALLENGE

2. The instant revision under Section 115 CPC at the instance of defendants in O.S. No. 394 of 2023 (re-numbered as 22 of 2023), raises challenge to the order dated 24.01.2025, whereby the learned Additional District and Sessions Judge/Fast Track Court, Agra has rejected an application 31-C filed on behalf of the revisionists under Order VII Rule 11 CPC, consequence whereof is that the plaint of the suit survives as on date.

BRIEF FACTS

3. The property in dispute was allotted in favour of the revisionists by Awas Vikas Parishad on 02.01.1993/28.02.2023. The allotmen