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2025 DAILYLAW 175628 (ALL)

Smt. Neelam Puri AND ORS. v. Mohit Bhalla

CLRE/52/2023 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL REVISION No. - 52 of 2023 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the revisionists and Shri Vivek Kumar Srivastava, learned counsel for the respondent. 2. Under challenge is the order dated 09.05.2023 passed by the Additional District, Judge, Court No.2, Sitapur in Civil Miscellaneous Appeal No.11 of 2020 whereby the appellate court allowed the respondent's appeal arising out of an application under Order 39 Rule 1 and 2 CPC. 3. A specific query was put to the counsel for the revisionist as t how the instant civil revision is maintainable as the order impugned has been passed by the Additional District Judge under its appellate jurisdiction. 4. Learned counsel for the revisionists submits that since the order has been passed by the appellate court directing the parties to maintain status quo. The revisionists being aggrieved has assailed the said order in revision. 5. Having considered the aforesaid, this Court finds that the submissions of the learned counsel for the revisionists is misconceived. A Full Bench of this Court in Jupiter Chit Fund (PVT) Limited Vs. Dwarka Dinesh Dayal AIR 1979 All 218 (FB) has clearly laid down that against an order passed by the District Judge/Additional District Judge in its appellate Versus Counsel for Revisionist(s) : Rajiv Raman Srivastava Counsel for Opposite Party(s) : Vivek Kumar Srivastava, Pradeep Kumar Srivastava, Sanjay Kumar Shukla Smt. Neelam Puri And Ors. .....Revisionist(s) Mohit Bhalla .....Opposite Party(s) jurisdiction, a further revision under section 115 CPC is not maintainable. 6. In view of the aforesaid, the instant revision is not maintainable. It is accordingly dismissed leaving it open for the parties to agitate their grievances before the trial court. December 1, 2025 ank CLRE No. 52 of 2023 2 (Jaspreet Singh,J.) Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench