Court No. - 4 Case :- WRIT - C No. - 117 of 2010 Petitioner :- Mithilesh Agarwal Respondent :- Praveen Kumar And Others Petitioner Counsel :- P.K. Kesari Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Challenge in this petition has been made to the order dated
20.9.2009 passed by the Additional Civil Judge (Junior Division),
Aligarh dismissing the suit as not pressed on the application filed
by the plaintiff-petitioner herself.
It is contended by the learned counsel for the petitioner that an
application to recall the said order has already been moved and is
pending before the trial court.
Once the petitioner has availed the remedy of approaching the trial
court by means of application to recall the order impugned in the
writ petition, there is hardly any occasion for interference by this
Court and quashing the same. The petitioner cannot be permitted
to avail two remedies. This is a frivolous writ petition and
accordingly stands dismissed.
Order Date :- 6.1.2010
Dcs