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Judgment
5 paragraphs · 137 wordsJagmohan Bansal, J
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to release her death-cum-retiral benefits of her son.
The petitioner concededly for the same cause of action has filed civil suit before Civil Court at Malerkotla. She even filed application dated 02.02.2023 before Civil Court seeking permission to withdraw with liberty to file fresh suit. The said application was dismissed by Civil Court vide order dated 09.05.2023 holding that there is no technical defect in the suit, thus, plaintiff cannot be granted permission to file fresh suit for the same cause of action. The main suit is fixed for further proceedings before Civil Court on 02.07.2024.
As the petitioner has already availed alternative remedy, the present petition is not maintainable.
Dismissed.