Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL REVISION No. - 36 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Present revision has been filed challenging the order dated 30.05.2025 whereby the application filed by the revisionist under Section 151 CPC has been rejected.
2. The facts that emerge are that the respondents had filed a suit in which an injunction was granted to the plaintiff. Subsequently, it was averred by the revisionist herein, who was the defendant in the suit, that in the garb of the injunction granted, plaintiff was raising construction, as such, an application was moved under Section 151 CPC. In the said application, in Paragraphs 15, 16 & 17, it was specifically stated that in the garb of interim order obtained, plaintiff had started raising construction on the share of his land as well as on the share of the deponent and thus, a restraint order be passed against the plaintiff. The trial Court was of the view that the injunction has already been disposed off on 09.05.2025. In case, the defendant was desirous, he could have moved a fresh application for grant of injunction.
3. Considering the order passed and the fact that no separate injunction application, which could have been filed by the petitioner as a defendant to the suit, was filed, no interference is called for in the order dated
30.05.2025.
4. Revisionist, however, would be entitled to file a fresh application, if so Versus Counsel for Revisionist(s) : Prashant Shukla, Devendra Gupta Counsel for Opposite Party(s) : Ram Gulam .....Revisionist(s) Rajendra Pal And 4 Others .....Opposite Party(s)
advised, in accordance with law under Order 39 Rule 1 & 2 CPC.
5. Present revision stands dismissed in above terms. August 27, 2025 nishant CLRE No. 36 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench