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2025 DAILYLAW 127594 (ALL)

GOKUL PRASAD DUBEY v. RAM CHANDRA DUBEY

A227/1270/2025 · 2025-03-10

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14475 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1270 of 2025 Petitioner :- Gokul Prasad Dubey Respondent :- Ram Chandra Dubey Counsel for Petitioner :- Ajay Kumar Pandey,Neetu Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 01.03.2023 whereby an injunction was granted directing the parties to maintain status quo as well as the order dated 03.01.2025 whereby the Miscellaneous Appeal was dismissed. 3. The submission of the counsel for the petitioner is that a third suit was filed, the first suit was filed in the year 1995, the second suit was filed in the year 1998 and concealing the material facts the third suit has been filed. The trial Court granted injunction based upon the Commissioners Report and has directed the parties to maintain status quo. 4. Considering the fact that the Commissioner Report is on record and based upon the said, prima facie, view was formed by the trial court for granting injunction, I do not see any reason to interfere with the said two orders. As the three suits are pending, the petitioner would be at liberty to move an application under order IV-A of the CPC before the District Judge for consolidation of the said suits. In case, such an application is filed, the District Judge shall dispose of the same in accordance with law. It is further directed that the petitioner would be at liberty to press for framing of an issue with regard to maintainability of the third suit under Order 2 Rule 2. In case, such an application is filed, the trial Court shall decide the said issue as an preliminary issue and shall orders thereupon in accordance with law. 5. The petition is disposed of in terms of the above. Order Date :- 10.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench